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�� • ;. �� clty o� oR,oNo �,Y � �.. t�:: t � �;� �+�: • �z� . � ,, ;�` � u RESOLUTION OF THE CITY COUNCIL t ' .�, NO. 2614 • - • .:� ,; 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 after-the- fact variance 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 after-the-fact variance 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 app licant; 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 an after-the-fact variance to the Municipal Zoning Code Sectian 10.28, Subdivisions 5 (A) to permit a deck constructed without a building permit to remain at 11'4" from the rear lot 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 wi11 exgire on that date (April 10, 1990 ) . 2. Violation of or non-compliance with any of the terms and conditions of this variance sha11 constitute a violation of the z�ning code, 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 • .