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CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 3016 4. 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. 5. 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 variance on the hea 1 th; safety and welfare of the community. • CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) to permit construction of a detached garage to be placed in front of the front line of the residence for the property located at 2801 Fox Street subject to the following conditions: 1. 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 (September 9, 1992). 2. 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. Page 2 of 4