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4 , � <br /> � �. 1 � <br /> Clt� o� ORONO . " <br /> • RESOLUTION OF THE CITY COUNCIL <br /> • NO. 2693 <br /> • ' • • <br /> 4, The City Council has considered this application <br /> including the findings and recommendations of the Planning <br /> Commission, reports by City staff, comments by the applicant <br /> " and the effect of the proposed variances on the health, <br /> � safety and welfare of the community. <br /> 5. The City Council finds 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 /> variances 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 <br /> preserve a substantial property right of the applicant; and <br /> would be in keeping with the spirit and intent of the Zoning <br /> Code and Comprehensive Plan of the City. <br /> CONCLUSIONS, ORDSR AND CONDITIONS <br /> • Based upon one or more of the findings noted above, the <br /> Orono City Council hereby grants variances to the Municipal <br /> Zoning Code Section 10.22 , Subdivision 1 to permit the <br /> construction of a 4 foot wide tram located within the 0-75' <br /> setback area and an uncovered deck structure located within the <br /> 75-250' setback area, and denies the proposed gazebo, subject to <br /> the following conditions: <br /> 1. The hardcover improvements proposed within the 250-500' <br /> setback area exceed the allowed 1,166.4 square feet or 30� <br /> with a total of 1,376 or 35�, the excess of 209.6 square <br /> feet of hardcover shal 1 be credited against total hardcover <br /> within 75-250' setback area now adjusted at 3,798 square <br /> feet or 22.8$. <br /> 2. Authorities granted by this resolution run with the <br /> property not with the applicant, but are permissive only and <br /> must be exercised by application for a building permit <br /> within one year of the date of Council approval, or this <br /> variance will expire on that date (September 11, 1990). <br /> 3. Violation of or non-compliance with any of the terms and <br /> conditions of this variance shall constitute a violation of <br /> the zoning code, shall automatical ly termi•nate any authority <br /> granted herein, and shall be punishable as a misdemeanor. <br /> • Page 2 of 4 <br /> � <br />