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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />C) Likewise, the proposed deck at the rear of the <br />house is technically adjacent to a side lot line and <br />requires a 50' side setback. The adjacent lot line <br />abuts an open area of pasture and no neighboring <br />property owners will be significantly effected by this <br />encroachment. The proposed deck is expected to have a <br />platform height 4' above grade with a 3' railing. <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 of the proposed variance 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 />variance would not adversely affect traffic conditions, <br />light, air ncz 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 />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 Municipal Zoning <br />Code Section 10.27, Subdivision 5 (B) to permit the construction <br />of a screen porch located 25.7' from the front lot line and a <br />deck locatee 42' from the front lot line where a 100' front <br />setback is normally required, and such porch being 46.8' from the <br />side lot ling and such deck being 29' from the side lot line, <br />where a �J' setback is normally required for both structures, <br />subject to the following conditions: <br />1. The proposed deck shall never be enclosed. Future <br />enclosure of that deck would require an additional setback <br />variance. <br />2. Authorities granted by this resolution run with the <br />property not with ,:he 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 (October 23, 1990). <br />Page 2 of 4 <br />