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O O <br />,'kV* <br />'SVt'VX (S' -'\\^ >1 < r ^ <br />CITY of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />v''NO.296 <br />C) The house has encroached into the 30' rear setback <br />area for 23 years. Whereas the principal structure was <br />placed 11* from the rear lot line instead of the <br />required 30*. <br />4. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions^ <br />lightf air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant^ but 1s necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of t:.e City. <br />5. The City Council has considered this application <br />Including the findings and recommendations of the Planning <br />Commission, reports by City staff, comn'ents by xle applicant <br />and the effect of the variance on the health, safety and <br />welfare of the community. <br />CONCLOSIONSr ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to Municipal Zoning <br />Code Section 10.24, Subdivision 5 (B) to permit construction of a <br />three season porch, 6' wide deck/walkway and bathroom addition, <br />subject to the following conditions: <br />1. The applicant shall remove 316.5 s.f. or 5.57% of <br />plastic underliner within landscape area located within the <br />75-250' setback area prior to the footing inspection by the <br />Orono Building Inspector for structural additions to the <br />residence. Hardcover within the 75-250' setback area shall <br />be amended to 1,608.8 s.f. or 28.3%. <br />2. Authorities granted by this resolution run with the <br />property not with the applicant, but are permissive only and <br />must be exercised by application for a building permit <br />within one year of the date of Council approval, or this <br />variance will expire on that date (May 13, 1992). <br />3. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of <br />the zoning code, shall automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />Page 2 of 4