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� o� <br /> 0 0 <br /> ' ���.:- CITY of ORONO <br /> ,� -: _,... � <br /> �� ' "� G'�' RESOLUTION OF T E I Y OUNCIL <br /> ��kESI3�g'� NO. � � � � <br /> 4. The City Council has considered this application including the findings and <br /> recominendation of the Planning Coznmission, reports by City staff, comments <br /> by the applicants and the public, and the effect of the proposed variance on the <br /> health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variance would not adversely affect traffic conditions, light, air <br /> nor pose a fire hazard or other danger to neighboring property; would not <br /> merely serve as a convenience to the Owners but are necessary to alleviate a <br /> demonstrable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the Owners; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby grants a variance to Orono <br /> Municipal Zoning Code Section 78-420(b) to allow an open porch over the front door with a <br /> 44 foot setback when a 50 foot setback is required, subject to the following conditions: <br /> l. Council approval is based on the site and house plans submitted by the Owners <br /> and annotated by City staff, attached to this Resolution as Exhibits A and B. <br /> Any amendments to these plans may require further Planning Commission and <br /> City Council review. <br /> 2. Authorities granted by this resolution run with the Property not with the <br /> Owners, but are permissive only and must be exercised by obtaining a building <br /> permit for the new construction before October 22, 2008 or the variance will <br /> expire on that date. <br /> 3. Violation of or non-compliance with any of the terms and conditions of this <br /> resolution shall constitute a violation of the zoning code, shall automatically <br /> terminate any authority granted herein, and shall be punishable as a <br /> misdemeanor. <br /> 4. The undersigned Owners have read, understand and hereby agree to the terms <br /> of this resolution and on behalf of their heirs, successors and assigns, hereby <br /> Page2of3 <br />