Agenda Packet Cc - regular meeting 7/25/1988

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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property nre peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDE,1 AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variar.c,a to Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of a first floor level deck and railing located 11' from the si -'.e street lot line adjacent to Leaf Street where a 50' setback is normally required, subject to the following conditions: 1. Applicants shall revise the deck plan to maintain a 3' setback to the existing well as required by State Well Code. 2. Applicants shall obtain a building permit and comply with all Building Code regulations regarding deck construction, including any changes to the completed ror-tion of the deck, that may be deemed necessary by the Building Inspector. 3. Authorities granted with this resolution run with the property note with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (July 25, �989). 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terming any authority granted herein, and shall be punishable as a misdeme• .,r. 5. The u. rsigned applicants have read, understood and hereby agree to the tei-ne of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 2 of 4