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• City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2577 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 demonstrable hardship or difficulty; is necessary to preserve a sub- stantial 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 the above findings, the Orono City Council hereby - grants a variance to Municipal Zoning Code Section 10.22, Subdivision 1 to permit the construction of an addition to the existing residence which will encroach past the average lakeshore setback line where no encroachment is normally allowed, subject to the following conditions: 1. The property owner shall remove 417 s.f. of existing hardcover on the property, thereby eliminating the need for granting of a hardcover variance. 2. Maximum total square footage of hardcover on the property shall be 3,815 s.f., as shown on the attached survey, Exhibit B. Areas of hardcover to be removed in order to maintain hardcover at or below the 3,815 s.f. level, shall be removed prior to issuance of a Certificate of Occupancy for the new additions. The property owner shall provide a diagram of proposed hardcover removals for staff review and approval prior to issuance of a building permit for the proposed additions. 3. Authorities granted by this variance run with the property not with the applicant, 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 (February 13, 1990). 4. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning • code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. 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