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to o*^her property in rhis zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty: is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />6. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the applicant <br />and the effect of the proposed variance on the health, <br />safety and welfare of the community. <br />CONCLDSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants after-the-fact variances to <br />Municipal Zoning Code Section 10.22, Subdivisions i (B) and 2 to <br />permit construction of a lake-side deck per the survey enclosed <br />as Page _ of this resolution, subject to the following <br />conditions; <br />1. Applicant to obtain an after-the-fact/penalty building <br />permit for deck. Applicant shall provide revised building <br />plans for amended deck per configuration approved by <br />Council on survey attached as Page _ of this resolution. <br />2. All hardcover scheduled for removal and as shown on <br />plans attached to this resolution shall be removed by May 1, <br />1991 or prior to footing inspection for final alterations of <br />deck, or whichever occurs first. <br />3. Authorities granted by this resolution run with the <br />property not with the applicant, but are permissive only and <br />must be exercised by application for a building permit <br />within one year of the date of Council approval, or this <br />variance will expire on that date (December 10, 1991). <br />4. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of <br />the zoning code, shall automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />Page 3 of 5