10-08-1990 Council Packet - Laserfiche WebLink

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property in this zoning district? that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Com{.rehensive Plan of the City. 5. The City Coun-il has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based u|on one or more of the above findings, the Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.03, Subdivision 12 to permit a deck constructed to the east or rear side of the existing house struc-ure located 5' from a detached garage rather than the required 10' separation, subject to the following conditions; 1. Applicant shall submit full payment for an after-the-fact variance application. Upon application for a building permit, the applicant shall p^y a penalty fee. 2. The Orono Building -i *tment is asked to consider both the shed and deck in the application of the fire code as it relates to firewall construction within existing detached garage. 3. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit by October 29, 1990. 4. Violation of or non-compliance witn any of the terms and conditions of this variance shalJ constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4