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_ � <br /> • - <br /> � C�t� o� ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> � NO. 1840 . <br /> � <br /> • - • • <br /> 5. The City Counci 1 f inds that the 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 hardship or difficulty; is necessary to pre- <br /> serve a substantial property right of the appl.icant; and <br /> would be in keeping with the spirit and intent of the Zoning <br /> Code and Comprehensive Plan of the City. <br /> CONCLIISIONS, ORDffit AND CONDITIONS <br /> Based upon the above f indings, the Orono City Counci I <br /> hereby grants a variance to Municipal 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 foll.owing 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 resul.t of the current proposal will <br /> be very close to these limits, and 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. The applicant is placed' on notice that future enclosure <br /> . of the deck, including walls, screen walls, or roof will. <br /> require a further variance application. <br /> 3. Authorities granted by this variance run with the <br /> property not with the applicant, but are permissive only and <br /> must be exercised by appl.ication 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 /> 4. Violation of or non-compliance with any of the terms and <br /> conditions of this variance shal I constitute a violation of <br /> the zoning code, shall automatical.ly terminate any authority <br /> � granted herein, and shall be punishable as a misdemeanor. <br /> Page 2 of 4 <br />