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O <br /> O � <br /> CITY of ORONO <br /> a - � <br /> ti <br /> RESOLUTION OF THE T 4 4 COUNCIL <br /> `9kESII04� NO. <br /> the future. The addition of substantial screening is a critical element in <br /> making this pool location acceptable. <br /> 5. The City Council has considered this application including the findings and <br /> recommendation of the Planning Commission, reports by City staff, comments <br /> by the applicants and the public, and the effect of the proposed variance on the <br /> health, safety and welfare of the community. <br /> 6. Notwithstanding the recommendation of the Planning Commission, the City <br /> Council finds that the conditions existing on this property are peculiar to it and <br /> do not apply generally to other property in this zoning district;that granting the <br /> variances would not adversely affect traffic conditions, light, air nor pose a fire <br /> hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the Owners but are necessary to alleviate a demonstrable <br /> hardship or difficulty; are necessary to preserve a substantial property right of <br /> the Owners; and would be in keeping with the-spirit and intent of the Zoning <br /> Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby grants a variance to Orono <br /> Municipal Zoning Code Section 78-1435 to allow a pool and pool house to be located closer <br /> to the front lot line than the principal structure, subject to the following conditions: <br /> 1. Council approval is based on the site, building and plans submitted by the Owners <br /> and annotated by City staff, attached to this Resolution as Exhibits A, B, and C. <br /> Any amendments to these plans may require further Planning Commission and <br /> City Council review. <br /> 2. Authorities granted by this resolution run with the Property not with the Owners, <br /> but are permissive only and must be exercised by obtaining building permits for <br /> the pool and pool house before April 28, 2009 or the variances will expire on that <br /> date. <br /> 3. Violation of or non-compliance with any of the terms and conditions of this <br /> resolution shall constitute a violation of the zoning code, shall automatically <br /> Page 3 of 5 <br />