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4 0 <br /> � � <br /> � o 0 <br /> �b. - CITY of ORONO <br /> � � � . <br /> �� �,'�' RESOLUTION OF THE CITY COUNCIL <br /> . ��kESH�4� � . NO. � � � � . <br /> 3. Allowing the deck to remain does not fiu-ther encroach on the rear setback <br /> line. <br /> 4. The City Council finds that the conditions existing on this property are peculiar <br /> to it and do not apply generally to other property in this zoning district; that <br /> granting the variances would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would not merely <br /> serve as a convenience to the applicants, but is necessary to alleviate a <br /> demonstrable hardship or di�culty; is necessary to preserve a substantial <br /> property right of the applicants; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> 5. The City Council has considered this application including the findings and <br /> recommendations of the Planning Commission, reports by City staff, comments <br /> • by the applicants and the effect of the proposed variance on the health, safety <br /> and welfare of the community. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby <br /> grants an after-the-fact variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to <br /> allow a rear setback variance of 7.5" where 30' is required and 14.77' is existing to permit the <br /> retention of a replacement of a previous deck. <br /> 1. Authorities granted by this variance run with the property not with the <br /> applicants, but are permissive only and must be exercised by application for a . <br /> . building permit within one year of the date of Council approval, or this variance . <br /> � will expire on that date (March 9, 1999). <br /> 2. Violation of or non-compliance with any of the terms and conditions of this <br /> variance shall constitute a violation of the zoning code, shall automatically <br /> terminate any authority granted herein, and shall be punishable as a <br /> misdemeanor. <br /> � � <br /> Page 2 of 4 <br />