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li <br />\ <br />City of ORONO <br />L°.' <br />CITY <br />OF <br />ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 2871_________ <br />c) The proposed deck will be e positive inprovement to the <br />property. <br />4. The City Council has considered this application including <br />the findings and r<*cr>*:;mendations of the Planning Comaission* <br />reports by City sLaff, comuents by the applicant and the effect <br />of the proposed variance on the health* safety and welfare of the <br />coasnunity. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zening district; that granting the variance <br />would not adversely affect traffic conditions* light* air nor <br />pose a fire hazard or other danger to neighboring property; would <br />not serely serve as a convenience to the applicant* but is <br />necessary to alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />COmCLOSlOUS, ORDER AMD COMDXTIOMS <br />Based upon the above fiidings* the Orono City Council hereby <br />grants a variance to the Municipal Zoning Code Section 10.23* <br />Subdivision 5 (B) to permit the construction of an 8* x 41* deck with <br />railings* located 27* from the north street lot line and 23* from the <br />west street lot line where 50* setbacks are normally required* subject <br />to the following conditions: <br />1. Applicant shall obtain an after-the-fact building permit <br />prior to continuing construction of this deck. <br />2. Authorities granted by this variance run with the property <br />not with the applicant* but are permissive only and must be <br />exercised by application for a building permit within one year of <br />the date of Council approval* or this variance will expire on <br />that date (September 10* 1991). <br />3. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the <br />zoning code* shall automatically terminate any authority granted <br />herein* and shall be punishable as a misdemeanor. <br />Page 2 of 4