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? y , `^.r. � <br /> ��� : � C�t o� ORONO <br /> � <br /> �, � `• � RESOLUTION OF THE CITY COUNCIL <br /> �. NO. 2857 <br /> • • • • <br /> b. Neighboring residences to the east are sufficiently <br /> distant so that addition of a story above the attached <br /> garage will have no detrimental visual impact in the <br /> neighborhood. <br /> ' 4. The City Council has considered this application including <br /> the findings and recommendations of the Planning Commission, <br /> reports by City staff, comments by the applicant and the effect <br /> � of the proposed variance on the health, safety and welfare of the <br /> � community. <br /> 6. The City Council finds that the conditions existing on this <br /> property are peculiar to it and do not apply general ly to other <br /> property in this zoning district; that granting the variance <br /> would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would <br /> not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the <br /> � applicant; and would be in keeping with the spirit and intent of <br /> � the Zoning Code and Comprehensive Plan of the City. <br /> , <br /> CONCLIISIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby <br /> grants a variance to Municipal Zoning Code Section 10.28, Subdivision <br /> 5 (B) to permit the construction of an addition above the pre-existing <br /> • attached garage located 19.3' from the side lot line where a 30' <br /> setback is normally required, subject to the following conditions: <br /> l. Authorities granted by this variance run with the property <br /> not with the applicant, but are permissive only and must be <br /> exercised by application for a building permit within one year of <br /> the date of Gounci 1 approva 1, or this variance wi 11 expire on <br /> that date August 27, 1991. <br /> 2. Violation of or non-compliance with any of the terms and <br /> conditions of this variance shall constitute a violation of the <br /> zoning code, shall automatically terminate any authority granted <br /> herein, and shall be punishable as a misdemeanor. <br /> 3. The undersigned applicant has read, understood and hereby <br /> agrees to the, terms of this resolution and on behalf of himself, <br /> his heirs, successors and assigns, hereby agrees to the recording <br /> of this resolution in the chain of title of the property. <br /> Page 2 of 4 <br /> �� <br />