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Am The City Council has considered this application including the <br />findings and recommendations of the Planning Commission^ reports by <br />City staff, comments by the applicant and the effect of the after-the- <br />fact variance on the health, safety and welfare of the 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 after-the-fact <br />variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not <br />merely serve as a convenience to the applicant, but is necessary to <br />alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and would be <br />In keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />COHCLOSIOHS, ORDER AHD COHDITIOMS <br />Based upon one or more of the findings noted above, the Orono <br />2ity Council hereby grants an after-the-fact variance to the Municipal <br />Zoning Code Section 10.28, Subdivisions 5 (A) to permit a deck constructed <br />without a building permit to remain at _ _ _• from the rear lot line, <br />subject to the following conditions: <br />1. Authorities granted by this resolution run with the property not <br />with the applicant, but are permissive only and must be exercised by <br />application for a building permit within one year of the date of <br />Council approval, or this variance will expire on that date (April 10, <br />1990). <br />2. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the zoning <br />code, shall automatically tei*minate any authority granted herein, and <br />shall be punishable as a misdemeanor. <br />3. The undersigned applicant has read, understood and hereby agrees <br />to the terms of this resolution and on behalf of herself, her heirs, <br />successors and assigns, hereby agrees to the recording of this <br />resolution in the chain of title of the property. <br />Page 2 of 4