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0 0 <br /> CITY of ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> 9kESI�0 NG 3 7 3 0 14 <br /> 5. 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 difficulty; is necessary to preserve a substantial <br /> property right of the applicant; and would be in keeping with the spirit and <br /> intent of the Zoning Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby grants an after- <br /> the-fact variance to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, <br /> Subdivision 16 (L) to allow the replacement in-kind of the pre-existing deck on the property, <br /> subject to the following conditions: <br /> 1. Hardcover on the property in the 75-250' setback zone shall be limited to those <br /> items shown on the survey and hardcover calculation worksheet attached to this <br /> resolution as Exhibit A. Total hardcover in the 75-250' zone is limited to 4,789 <br /> s.f. or 44.7%. Applicant is advised that future proposals that result in additional <br /> hardcover on the property will not be approved, but might be approved only if <br /> concurrent hardcover removals result in no net increase in hardcover. <br /> 2. Applicant shall obtain an after-the-fact permit for the deck, and the deck shall <br /> be inspected by the City to confirm its compliance with the Building Code. <br /> 3. Authorities granted by this variance run with the property not with the <br /> applicants, but are permissive only and must be exercised by issuance of a <br /> building permit within one year of the date of Council approval, or this variance <br /> will expire on that date (June 10, 1997). <br /> 4. 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 /> Page 3 of 6 <br />