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;._ � Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � NO. 2252 • - • • 7. 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, ORDffit AND CONDITIONS Based upon one or more of the f indings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.03, Subdivision 15 (F) to permit the construction of a detached garage located 4.6 feet from the side lot line where a 10' side setback is normally required,� subject to the following conditions : � 1. The garage shall be located as shown on the attached Exhibit B, the northwesterly corner of the garage to be no less than 4.6' from the established lot line, and the northeasterly corner shall be no less than 6.4' from the lot line, as represented by the site plan provided by the applicant. 2. Applicants surveyor shall stake the established north lot line of the property so that the City Inspector can verify the garage setbacks prior to footing or garage slab construction. 3. A building permit shall not be issued for the garage until such time that applicant and the affected neighboring property owner, Mrs. Golden, have completed the required subdivision of a lot line rearrangement to legally establish their agreed-upon lot line location. 4. 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 w�1 1 expire on that date (September � 14, 1988 ). 5. 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. 6. The undersigned applicants have read, understood and hereby agree 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