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� � °� <br /> 0 0 <br /> � CITY of ORONU <br /> � �. � <br /> ti <br /> . <br /> ti <br /> RESOLUTION OF THE CITY COUNCIL <br /> �L`9�;ESI�Qg'�G NO, � � � � <br /> 7. The City Council has considered this application including the findings <br /> and recommendation of the Planning Commission, reports by City staff, <br /> comments by the applicants and the public, and the effect of the proposed <br /> variance on the health, safety and welfare of the community. <br /> 8. The City Council finds that the conditions existing on this property are <br /> peculiar to it as�d do not apply generally to other property in this zoning <br /> district; that granting the variance would not adversely affect traffic <br /> conditions, light, air nor pose a fire hazard or other danger to neighboring <br /> property; would not merely serve as a convenience to the applicants,but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is necessary to <br /> preserve a substantial property right of the applicants; and would be in <br /> keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> gra.nts a variance to Orono Municipal Zoning Code Section 78-1435 to allow a 1,200 <br /> square foot accessory building to be located in the northeastern corner of the lot, in a <br /> location where the building will be located closer to the street or front lot line than the <br /> principal building, subject to the following conditions: <br /> 1. Council approval is based on the site plan submitted by the applicants and <br /> annotated by City staff, attached to this Resolution as Exhibit A. Any <br /> amendments to the site plan which are not in conforrnity with City codes will <br /> require further Planning Conunission and City Council review. <br /> 2. Prior to issuance of a building permit, the applicant must submit an opinion letter <br /> from his attorney on whether the property owner has the legal right to construct <br /> the proposed accessory building. An acceptance letter from the home owner's <br /> association would be acceptable in place of an attorney's opiruon. <br /> 3. Authorities granted by this resolution run with the property not with the <br /> applicants, but are permissive only and must be exercised by obtaining a building <br /> permit for the new construction within one yeaz of the date of Council approval, <br /> or the variance will expire on that date (October 25, 2005). <br />, ... Page 3 of 6 <br />