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. � d C�ty of ORONO • RESOLUTION OF THE CITY COUNCIL � � NO. 2466 • � • • . 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 adverseiy 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 applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. . CONCLDSIONS, ORDB�R AND CONDITIOIdS ` Based upon one or more of the findings noted above, the Orono City Council hereby grants an after-the-fact variance per Municipal Zoning Code 5ection 10.61, Subdiv3sion 5 (A) to permit the construction of • approximately a 6�x30' storage addition to the existing garage requiring a 9' setback variance to the rear lot 1ine, subject to the following conditions: 1. The existing addition constructed without the benefit of permit review, shall be altered by removing 1'�' along the north side of the '�' structure maintaining a minimum setback o� 1' £rom the rear lot line. :_; The newly constructed rear side of the storage addition, running 30' along the north property� line, shall be constructed as a fire- resistive wall with a 1-hour rating. � 2. Authorities granted with this after-the-fact variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit by August l, 1988 or �,'., this after-the-fact variance will expire on that date (August 1, 1988). Applicant will also be expected to pay a penalty fee at the ':°;' time of the issuance of the building permit. .::� 3. 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 te=minate any authority granted � herein, and shal 1 be punishable as a misdemeanor. �; �;.; 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, thei� :�� heirs, successors and assigns, hereby agree to the recording of this ?�;� • resolution in the chain of title of the property. .� . YI� :Y:, �. ''` � Page 2 of 4 .J . �'A' -.�