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� Clt� o� ORONO �;� � K .,, • ,N � Y�� • ' � �}�'� RESOLUTION OF THE CITY COUNCIL ' ..f lf.y �t. ..�:`:�;� NO. 2 8 3 8 , • - • • ` 4. The City Counci. l has considered this applicati.on inc].uding the findings �nd recommendations of the P].lnning .. Commission, reports by City staff, comments by the app].icant and the effect of the proposed variances on the health, 'safety and welfare of the community. 5. The City Council, fi.nds tha�. the condi.tions exist�.ng on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variari�ces would not adversel.y 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 Comprehensi_ve P1an of the City. CONCLUSIONS, ORDER AND CONDITIONS • Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Munici.pal 7oning Code Section 10.75 , Subdivision 4 (B ) and Section 10. 03 , Subdivision 15 (C) to permit the i.nstal].ation of privacy fencing at a 5'+ height to be installed within the front yards of the through lot adjacent to Briar Street anc� Arbor Street, subject to the following conditions: 1. Applicant/owner has agreed to omit every other picket ].eaving an open space in its place iri order to minimize � visual impact of privacy fencing. 2. lluthoriti�es gr.anted by this resoluti.on run with the property not with the applicant, but are permissive only and must be exercised by installing the fencing within one year of the date of Council approval , or this variance will expire on that date (Ju].y 23, ].99].). 3. Violation of or non-compliance with any of the terms and condi.tions of this var�.ance shall. constitute a violation of the zoning code, sha1T automai�ically terminate any authority gr_ani.ecl h�rcin, anc� shal.]. t�c puna.shab].e as � misclemeanor. , 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