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� o� <br /> O 4,�,` O CITY of ORONO <br /> �:� �;..�< <br /> ������ ,� <br /> � ��`� �'��,,;� - � RESOLUTION OF THE CITY COUNCIL <br /> �'� �����',�,����� �,� No. b 3 b 4 <br /> l ������ � <br /> �kEsHog <br /> the variance would not adversely affect traffic conditions, light, air nor pose a fire <br /> hazard or other danger to neighboring property; would not merely serve as a <br /> convenience to the Applicants, but is necessary to alleviate a practical difficulty; <br /> is necessary to preserve a substantial property right of the Applicants; and would <br /> be in keeping with the spirit and intent of the Zoning Code and Comprehensive <br /> Plan of the City. <br /> CONCLUSIOI�S, ORDER AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br /> variance to Orono Municipal Zoning Code Section 78-395(B) to allow the as-constructed 8' x 8' <br /> deck to remain 34.4 feet from the west side lot line where 50 foot side yard setback is normally <br /> required, subject to the following conditions: <br /> 1. Council approval is based on the survey submitted by the Applicants and annotated by <br /> City staff, attached to this Resolution as Exhibit A. Any amendments to the site pian <br /> which are not in conformity with City codes will require further Planning Commission and <br /> City Counci! review. <br /> 2. Authorities granted by this resolution run with the Property not with the Applican"ts, but <br /> are permissive only and must be exercised by obtaining an after-the-�act building permit <br /> for tne new deck and passing th� required inspection of deck. tin inspeciion must be <br /> compieted within one year of the date of Coun�i! approval, or the varianc� wili expire on <br /> that date (February 10, 2015). <br /> 3. Viofation of or non-compiiance with any of the terms and conditions of this resoluiion <br /> shall constitute a violation of the zoning code, shall automatically terminate any authority <br /> granted herein, and srall be qunishabie as a misdem�anor. <br /> 4. Tne undersigned Applicants have read, understand and 'nereby agree to the terms of <br /> this resolution and on beh�alf of the Applicants and tne Applican"ts' heirs, successors and <br /> assigns, hereby agree to the recording of this resofution in the crain of title of th� <br /> Propert��. <br /> Adopted by the Orono �ity Coun�ii on the 10h day of r-ebruary, 2014. <br /> Page 3 of� <br />