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4. <br />5. <br />6. <br />7. <br />On November 10,2003 Mrs. Standa indicated to City stafT via voicemail that they <br />no longer wish to pursue the after-the-fact deck variance application, they have put <br />the house up for sale and plan to move, and that they will remove the deck in its <br />entirety. The communication did not include a date by which the applicants intend <br />to have the deck removed. <br />The applicants have not removed the deck as of December 8, 2003. The only <br />remaining opportunity for the City Council to take formal action on this variance <br />application in compliance with the statutorily imposed 60-day/120-day review period <br />regulations is December 8.2003. <br />The City Council has considered this application including the fu 'lings and <br />recommendations of the Planning Commission, reports by City staff, comments by <br />the applicants and the public, and the effect of the proposed variances on the health, <br />safety and welfare of the community. <br />The City Council finds that the deck was constructed in violation of a variety of <br />zoning code sections, in a completely nonconforming manner, and without any <br />apparent attempt on the part of the applicant to obtain a building permit. The plight <br />of the property owner is due to the property owners action, and not a result of <br />demonstrated hardships. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby denies <br />the requested after-the-fact variances to retain the 8'xl2* deck adjacent to the boathouse, and hereby <br />requires that such deck be removed no later than January 1, 2004. Applicant shall take whatever <br />reasonable measures may be required by the Orono Building Official to ensure that the patio door <br />access adjacent to the deck will be left in a safe condition. <br />Page 2 of3 <br />V rI • [- <br />II mi