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3. The Orono Planning Commission reviewed this application <br />on November 20, 1999, and recommended denial of the 0.9' <br />side setback variance for deck extension, finding no <br />demonstrated hardship for granting such a variance for this <br />newly constructed residence. <br />4. Although the existing residence meets the required 30* <br />side setback, the proposed deck addition would encroach into <br />the required 30* sideyard because the house is at a slight <br />angle to the lot line. <br />5. The City Council finds that a suitable deck can be <br />constructed on the property without the need for the <br />proposed setback variance. Further, granting of the <br />variance would merely serve as a convenience to the <br />applicants, and is not necessary for presc vation of the <br />applicants' substantial property rights; and granting of the <br />variance would not be in keeping with the spirit and intent <br />of the Zoning Code and Comprehensive Plan of the City. <br />January, <br />Adopted by the Orono City Council on this 8th day of <br />1990. <br />ATTEST! <br />Dorothy M. Hallin, City Clerk James R. Grabek, Mayor <br />Page 2 of 2