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. Cit� o� ORONO • RESOLUTION OF THE CITY COUNCIL � .. . _, - , � . NO. 2612 � _ . • - • • ; . . , . _ . _" . _F .�.'.y'.: . - - _ti.�_:_ - - •-- .. .. -.__ _ . • . D) The new deck structure will no longer be located within the 10 ' side setback area along the west property line. 4. The City Council has considered this application including the � findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variances on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. • CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivisions 1 & 2 to permit the reconstruction of a lakeside deck requiring a hardcover variance for additional hardcover of 297 square feet � resulting in total hardcover of �3,552 square feet or 35.16$ where only 25$ is al lowed within the 75-250' setback zone, and the reconstructed deck will encroach 7' beyond the average lakeshore setback line, subject to the following conditions: 1. Authorities granted by this resolution run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one �year of the date of Council approval, or this variance will expire on that date (April 10, 1990 ) . 2. Violation of or non-compliance with any of the terms and conditions of this variance shal 1 constitute a violation of the zoning cade, shall automatically terminate any authority granted herein, and , shal 1 be punishable as a misdemeanor. � 3. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of herself, her heirs, successors and assigns, hereby agrees to the recording of this • resolution in the chain of title of the property. � Page 2 of 4