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� Cit� o� ORONO <br /> • �` <br /> s� <br /> :�� RESOLUTION OF THE CITY COUNCIL <br /> � NO. 2,g�n <br /> • - • • <br /> 4. The City CounciX has considered this app�.ication incl.uding <br /> the findings and recommendations of the P3.anning Commission, <br /> reports by City staff, comments by the appXicant and the effect <br /> of the proposed variance on the heal.th, safety and weXfare of the <br /> community. <br /> 5. The City Councix finds that the conditions existing on this <br /> property are pecuXiar to it and do not app�y genera3.xy to other <br /> property in this zoning district; that granting the variance <br /> wouXd not adverseXy affect traffic conditions, 3.ight, air nor <br /> pose a fire hazard or other danger to neighboring property; wouXd <br /> not merel.y serve as a convenience to the appXicant, but is <br /> necessary to aX�.eviate a demonstrabXe hardship or difficuXty; is <br /> � necessary to preserve a substantiaX property right of the <br /> appxicant; and wouXd be in keeping with the spirit and intent of <br /> the Zoning Code and Comprehensive P1an of the City. <br /> • CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City <br /> C'ouncix hereby grants a variance to MunicipaJ. Zoning Code Section <br /> 10.03, Subdivision 14 (D) to permit the construction of a tennis court <br /> to be I.ocated 10' from the side Xot 1.ine where a 30' side setback is <br /> normaxl.y required, subject to the fo1.3.owing conditions: <br /> 1. The tennis court may never be provided with �.ighting. <br /> 2. AppXicant shaX x adhere to the site p1.an attached to this <br /> resoXution as Exhibit A. Further, appXicant shaXx p�.ant <br /> additionaX shrubs and trees (number and size to be determined by <br /> City staff ) to adequatexy screen the tennis court from <br /> neighboring properties. <br /> 3. Authorities granted by this variance run with the property <br /> not with the appXicant, but are permissive onl.y and must be <br /> exercised by appXication for •a buixding permit within one year of <br /> the date of Councix approva3., or this variance wi�.x expire on <br /> that date (September 10, 1991). <br /> 4. VioXation of or non-compXiance with any of the terms and <br /> conditions of this variance sha�.X constitute a vioXation of the <br /> zoning code, shaXX automatica�xy terminate any authority granted <br /> herein, and shax�. be punishabXe as a misdemeanor. <br /> • 5. The undersigned appXicant has read, understood and hereby <br /> agrees to the terms of this reso3.ution and on beha�.f of himseXf, <br /> his heirs, successors and assigns, hereby agrees to the recording <br /> of this resol.ution in the chain of titXe of the property. <br /> Page 2 of 4 <br />