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b) The proposed deck and gazebo will not have an impact on <br />the visual density of the neighborhood, therefore approval <br />of the lot coverage variance is appropriate, the hardship <br />being the size of the lot. <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 hazard 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; 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 a. d 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 Municipal Zoning Code Sections 10.28, Subdivision <br />5 (B) and 10.03, Subdivision 14 (C) to permit the construction of a <br />deck located 17' from the street lot line and a gazebo located 33' <br />from the street lot line, where a 50' street lot line setback is <br />normally required, and which improvements will increase lot coverage <br />to 15.35% of the property where only 15% lot coverage is normally <br />allowed, subject to the following conditions: <br />1. 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 />2. 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