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4* 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 <br />applicants and the effect of the after-the-fact variance on <br />the health, safety and welfare of the community* <br />The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this 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 mert.ly serve as a <br />convenience to the applicants, but is necessary to <br />alleviate a demonstrable hardship or difficulty; is <br />necessary to preserve a substantial property right of the <br />applicants; and would be in keeping with the spirit and <br />intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />^ Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants an after-the-fact variance to <br />the Municipal Zoning Code Section 10.23, Subdivision 6 (B) to <br />permit the construction of a deck located 27.3* from the rear lot <br />line where s 50* rear lot line setback is normally required, <br />subject to the following conditions: <br />1. Applicants shall obtain an after-the-fact building <br />permit and shall pay the required after-the-fact <br />investigation fee in addition to the normal building permit <br />2. Authorities granted by this resolution run with the <br />property not with the applicants, but are permissive only <br />and 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 (May 8, 1990). <br />3. 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 tr nate any authority <br />herein, and shall be punishable ^ a misdemeanor. <br />4. The undersigned applicants have rec'd, understood and <br />hereby agree to the terms of this resolution and on behalf <br />of themselves, their heirs, successors and assigns, hereby <br />agree to the recording of this resolution in the chain of <br />title of the property. <br />Page 2 of 4