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C) The proposed deck in coni’unction with construction <br />of a fire wall in the adjacent detached garage will not <br />pose a fire hazard to the property. The proposed deck <br />has a platform height of 6*, normally requiring <br />maintenance of a 10* setback from other structures. <br />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 applicant <br />and the effect tf the proposed variances on the health, <br />safety and welfare of the community. <br />5. 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 />variances 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 Cit^. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to the Municipal <br />Zoning Code Section 10.23, Subdivision 6 (B) to allow <br />construction of a deck 28* from the rear lot line where a 50* <br />rear yard setback is normally required, and grants a variance to <br />Section 10.03, Subdivision 12 to allow the deck to be 8* from the <br />detached garage with a stairway extending to a distance of 4* <br />from the detached garage where a 10* setback is normally <br />required, subject to the following conditions: <br />1. The portions of deck and stairway within 10* of the <br />garage may never be enclosed either above or below the deck <br />platform. <br />2. A suitable fire wall shall be constructed within the <br />existing detached garage per building code requirements. <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 (June 12, 1990). <br />Page 2 of 4