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� o� <br /> O ��� O CITY of ORONO <br /> � <br /> � � -�. � RESOLUTION OF THE CITY COUNCIL <br /> �'� " °��� �� No. 6 3 6 d <br /> ��kESH�g'� <br /> the variance would not adversely affect traffic conditions, light, air nor pose a fire <br /> hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the Applicants, but is necessary to alleviate a practical difficulty; <br /> is necessary to preserve a substantial property right of the Applicants; and would <br /> be in keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-395(B) to allow the as-constructed 8' x 8' <br /> deck to remain 34.4 feet from the west side lot line where 50 foot side yard setback is normally <br /> required, subject to the following conditions: <br /> 1. Council approval is based on the survey submitted by the Applicants and annotated by <br /> City staff, attached to this Resolution as Exhibit A. Any amendments to the site plan <br /> which are not in conformity with City codes will require further Planning Commission and <br /> City Council review. <br /> 2. Authorities granted by this resolution run with the Property not with the Applicants, but <br /> are permissive only and must be exercised by obtaining an after-the-fact building permit <br /> for the new deck and passing the required inspection of deck. An inspection must be <br /> completed within one year of the date of Council approval, or the variance will expire on <br /> that date (February 10, 2015). <br /> 3. Violation of or non-compliance with any of the terms and conditions of this resolution <br /> shall constitute a violation of the zoning code, shall automatically terminate any authority <br /> granted herein, and shall be punishable as a misdemeanor. <br /> 4. The undersigned Applicants have read, understand and hereby agree to the terms of <br /> this resolution and on behalf of the Applicants and the Applicants' heirs, successors and <br /> assigns, hereby agree to the recording of this resolution in the chain of title of the <br /> Property. <br /> Adopted by the Orono City Council on the 10h day of February, 2014. <br /> Page 3 of 5 <br />