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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />5. The City Council finds that cne 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 merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hards`;ip or difficulty; is necessary to pre- <br />serve 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 the above findings, the Orono City Council <br />hereby grants a variance to Municipai Zoning Code Section 10.22, <br />Subdivision 1 to permit the construction of a room addition which <br />encroaches 9' into the average house setback area and a deck <br />which encroaches 19' into the average deck setback area subject <br />to the following conditions: <br />1. The total improvement of this property is limited to <br />3,150 square feet of hardcover in the 75-250' setback zone <br />and 1,650 square feet of hardcover in the 250-500' zone. <br />Existing hardcover as a result of the current proposal will <br />be very close to these limits, ana applicant is advised that <br />future additions of hardcover are subject to City review and <br />will not be approved unless they are counter balanced with <br />the concurrent removal of existing hardcover. <br />2. Authorities granted by this variance 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 (August 26, 1986). <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, shell automatically terminate any authority <br />granted herein, and shall be punishable as a misdemeanor. <br />Page 2 of <br />