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m <br />c) The proposed deck will be a positive improvement to the <br />property. <br />4. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by City staff, comments by the applicant and the effect <br />of the proposed variance on the health, safety and welfare of the <br />community. <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 zoning district; that granting the variance <br />would not adversely affect traffic conditions, light, air nor <br />pose a fire haz\rd or other danger to neighboring property; would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty; <br />necessary to preserve a substantial property right of t •>,€ <br />applicant; and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to the Municipal Zoning Code Section 10.28, <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 b‘ -Iding 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, snail automatically terminate any authority granted <br />herein, and ihall be punishable as a misdemeanor. <br />Page 2 of 4