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_ . cit� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2186 - � ' • - • • There will be no resultant encroachment on any lake views from any neighboring property. D) There will be no significant impact on the quality or quantity of run-off to . the lake as a result of this upward expansion. ;•,4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staf f, comments by the appl icant and the ef f ect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial • property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a second story addition over the existing attached garage which is located 7.1' from the side lot line where a 10' side setback is normal ly required, subject to the following conditions: l. Authorities granted with this resolution run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (May 26, 1988 ) . 2. Violation of or non-compliance with any of the •terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 3. The undersigned applicants have read, understood and hereby agrees to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this • resolution in the chain of title of the property. Page 2 of 4