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r <br />C.The entire residence is located in the required bluff setback area. <br />D.The allowed building pad is restricted by the street setback and the top <br />of the bluff. <br />E.The proposed upper deck is to replace a previous deck. <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 Commission, 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 Oronc City Council hereby <br />grants a top of the bluff setback variance per Municipal Zoning Code Section 10.56, Subd. 16 <br />(2)and (3) to permit construction of an upper deck and screen porch underneath as proposed <br />in Exhibit A, subject to the following conditions: <br />1.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 />will expire on that date (April 27, 1999). <br />Page 2 of 4