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3. Allowing the deck to remain does not further encroach on the rear setback <br />line. <br />4. The southwest portion of the property is used for public road purposes. <br />While the City has prescriptive rights over this portion of the property, <br />a permanent, legally described road easement has been drafted to clarify <br />the situation. <br />4. 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 variances would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicants, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the City. <br />5. The City Council has considered this application including the findings and <br />recommendations of the Planning Coinmission, reports by City staff, comments <br />by the applicants and the effect of the proposed variance on the health, safety <br />and welfare of the community. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby <br />grants an after-the-fact variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to <br />allow a rear setback variance of 7.5" where 30' is required and 14.77' is existing to permit the <br />retention of a replacement of a previous deck subject to the following condition: <br />1. <br />2. <br />Tile applicant must sign a road and utilities easement agreement granting the <br />City an easement over the portion of the roadway crossing the property and an <br />area 5' behind the curb. <br />Authorities granted by this variance run with the property not with the <br />applicants, but are permissive only and must be exercised by application for a <br />building permit within one year of the date of Council approval, or this variance <br />Page 2 of 4