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t ' � d C�t� o� ORONO • � RESOLUTION OF THE CITY COUNCIL � NO. 2435 • - • • 4. Attachment to the left side of the house would no't be feasible due to the location of the existing septic system, and would require a major revision oP the driveway location which would encroach into the area needed for replacement of the septic system. b. There will be no significant encroachment of light, air, or open space enjoyed by the neighboring affected property. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect 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. - CONCLDSIONS, ORDffit AND CONDITIONS Based upon one or more of the findings noted above, the Orono = -- City Council hereby grants a variance per Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an attached two stall garage located 21' from the side lot line where a setback of 30' from the side lot line is normally required, subject to the following conditions: 1. 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 23, 1989) . , 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 applicant have read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, Page 2 of 4