#5089 - denying after-the-fact variance-2003

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� O� O 4 �3. - . � C ITY of ORONO ,� , . �� p'�' RESOLUTION OF THE CITY COUNCIL t`�kEsKo`�'� No. 5 0 � � 4. On November 10, 2003 Mrs. Standa indicated to City staff via�-oicemail that they no longer wish to pursue the after-the-fact deck variance application, they have put the house up for sale and plan to move, and that they will remove the deck in its entirety. The communication did not include a date by which the applicant�intend to have the deck removed. 5. The applicants have removed the deck as confirmed by City inspection on De�ember 8,2003.Ho�vever,since no formal application withdrawal has been received,the only remaining opportunity for the City Council to take formal action on this �-ariance application in compliance with the statutorily imposed 60-day/120-day revieR•period regulations is December 8, 2003. 6. The City Council has considered this application including the findinos and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the public, and the effect of the proposed variances on the health, safety and welfare of the community. 7. The City Council finds that the deck was constructed in violation of a variety of zoning code sections, in a completely nonconforming manner, and without any apparent attempt on the part of the applicant to obtain a building permit. The plight of the property owner is due to the property owners action, and not a r;.sult of demonstrated hardships. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings,the Orono City Council herebv denies the requested after-the-fact variances to retain the 8'x12'deck adjacent to the boathouse. \ow that the deck has been removed, applicant shall take whatever reasonable measures may be required by the Orono Building Official to ensure that the patio door access adjacent to the deck w•ill be left in a safe condition. Page 2 of 3