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\ <br /> i <br /> � Cit� o� ORONO <br /> • RESOLUTION OF THE CITY COUNCI L <br /> � NO. 2205 <br /> � <br /> ' • � • • , <br /> 4. The City Council has considered this application including the <br /> findings and recommendations of the Planning Commission, reports by <br /> City staff, comments by the applicant and the effect of the proposed <br /> variance on the health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this <br /> property are peculiar to it and do not apply generally to other <br /> property in this zoning district; that granting the variance would not <br /> adversely affect traffic conditions, light, air nor pose a fire hazard <br /> or other danger to neighboring property; would not merely serve as a <br /> convenience to the applicant, but is necessary to alleviate a demon- <br /> strable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the applicant; and would be in keeping with the <br /> spirit and intent of the Zoning Code and Comprehensive Plan of the <br /> City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> • Based upon the above findings, the Orono City Council hereby <br /> grants a variance per Municipal Zoning Code Section 10.22, Subdivision 1 to <br /> permit the construction of a second story deck that will encroach 89' into <br /> the average lakeshore setback zone where no encroachment is normally <br /> allowed, subject to the following conditions: <br /> l. Applicant hereby reaffirms his agreement that the hardcover <br /> remova 1 s as shown on ExYiibit "A" attached sha 11 occur prior to <br /> issuance of a Certificate of Occupancy for the residence. <br /> 2. Authorities granted with this resolution run with the property not <br /> with the applicant, but are permissive only and must be exercised by <br /> application for a building permit within one year of the date of <br /> Council approval, or this variance will expire on that date (June 22, <br /> 1988 ) . <br /> 3. Violation of or non-compliance with any of the terms and <br /> conditions of this resolution shall constitute a violation of the <br /> zoning code, shall automatically terminate any authority granted <br /> herein, and shall be punishable as a misdemeanor. • <br /> 4. The undersigned applicant has read, understood and hereby agrees <br /> to the terms of this resolution and on behalf of himself, his ' <br /> heirs, successors and assigns, hereby agrees to the recording of this <br /> resolution in the chain of title of the property. <br /> -,� Page 2 of 4 <br />