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• City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2545 Furthermore, the Council voted in the same motion to allow staf f to issue a building permit to applicant prior to completion of the lot line rearrangement subdivision, but only after the proper application, submittals, and fees, for that application have been submitted. 6. 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. 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 demonstrable 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 the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.55, Subdivision 8 t , permit the construction of a cantilevered deck that will encroach 4' into the 26' wetland easement setback zone, subject to the following conditions: 1. No front yard setback variance is granted, however, the applicant will be allowed to construct the residence at his proposed location subject to completion of a subdivision of a lot line rearrangement, for the purpose of acquiring additional land so that the new lot line will allow for the required 50' front setback. 2. Applicant will be issued a building permit only after the complete subdivision application and fees have been submitted to the City. 3. Applicant shall install and maintain appropriate erosion control measures as may be required by the City inspector, during the construction period. • 4. 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 (November 28, 1989). Page 2 of 4