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d city of ORONO • RESOLUTION OF THE CITY COUNCIL NO. 2504 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a major addition to the existing residence resulting in an increase of 502 s.f. or 1.89% of new •structural hardcover within the 75-250' setback area where 7,748 s.f. or 29.2% already exists and only 25% is allowed, subject to the following conditions: 1. Prior to the issuance of a building permit by the City of Orono, the following hardcover removals must be completed per the revised survey by Bruce W. Grivna of Egan, Field & Nowak, Inc., Surveyors dated revised September 1, 1988: A) Within the 75-250' setback area: 400 s.f. of rock and plastic landscaping located to the southwest corner of the existing residence. B) Within the 250-500' setback area: 120 s.f. of a steel shed. '2. 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 (September 28, 1989). 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 terminate any authority granted herein, and shall be punishable as a misdemeanor. • 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Page 2 of 4