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Resolution 2476
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Resolution 2476
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6/23/2016 3:17:04 PM
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j � � c�t� o� oR,oNo <br /> • ,¢��t. , <br /> ��.� RESOLUTION OF THE CITY COUNCIL <br /> ��,. ,..: <br /> � ��� NO. 2476 <br /> .::�: � • <br /> 4. The City Council has considered this application including the <br /> findings and recommendations of the Planning Commission, reports by <br /> City staff, comments by the applicants and the effect of the proposed <br /> variance on the health, safety and welfare of the community. <br /> 5. The City Council finds that the conditions existing on this <br /> property are peculiar to it and do not apply generally to other <br /> property in this zoning district; that granting the variance would not <br /> adversely affect traffic conditions, light, air nor pose a fire hazard <br /> or other danger to neighboring property; would not merely serve as a <br /> convenience to the applicant, but is necessary to alleviate a demon- <br /> strable hardship or difficulty; is necessary to preserve a substantial <br /> property right of the applicants; and would be in keeping with the <br /> ' spirit and intent of the Zoning Code and Comprehensive Plan of the <br /> �� City. <br /> _,:y <br /> , <br /> � � CONCLIISIONS, ORDffit AND CONDITIONS . <br /> "�S <br /> �; • Based upon one or more of the findings noted above, the Orono <br /> City Council hereby grants a variance �o Municipal Zoning Code Section <br /> '� . 10.28, Subdivision 5 (B) to permit the construction of a first floor level <br /> ; . deck and railing located 11' from the side street lot line adjacent to Leaf <br /> Street where a 50' setback is normally required, subject to the following <br /> ��.; conditions: <br /> 1. Applicants shall revise the deck plan to maintain a 3' setback to <br /> the existing well as required by State Well Code. <br /> ; 2. Applicants shall obtain a building permit and comply with all <br /> ; Building Code regulations regarding deck construction, including any <br /> � changes to the comp leted portion of the deck, that may be deemed <br /> :;; necessary by the Building Inspector. <br /> �'f <br /> ..� 3. Authorities granted with this resolution run with the property not <br /> .� with the applicants, but are permissive only and must be exercised by <br /> ..-; application for a building permit within one year of the date of <br /> �-�� Council approval, or this variance will expire on that date (July 25, <br /> :.� 1989 ) . <br /> , i <br /> ...� <br /> r,,� 4. Violation of or non-compliance with any of the terms and <br /> __,s conditions of this resolution shall constitute a violation of the <br /> ���.� zoning code, shall automatically terminate any authority granted <br /> ��_� herein, and shal 1 be punishable as a misdemeanor. <br /> _� • 5. The undersigned applicants have read, understood and hereby agree <br /> to the terms of this resolution and on behalf of themselves, their <br /> heirs, successors and assigns, hereby agree to the recording of this <br /> � resolution in the chain of title of the property. <br /> z <br /> � ° Page 2 of 4 <br /> � <br />
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