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t T � <br /> � <br /> i� Cit� of ORONO � <br /> f, <br /> • . �� . . <br /> RESOLUTION OF THE CITY COUNCIL <br /> � <br /> '' � NO. 2631 <br /> � � • • <br /> 4. Th� City Council has consider�d this application <br /> . including th� findings and r�comm�ndations of th� Planning <br /> Commission, r�ports by City staff, comm�nts by th� <br /> . applicants and ths �ff�ct of th� aft�r-the-fact variance on <br /> th� h�alth, saf�ty and w�lfar� of the community. <br /> • 5. Th� City Council finds that th� canditions sxisting on <br /> this prop�rty ar� p�culiar to it and do not apply gen�rally <br /> to oth�r property in this zoning district; that granting th� <br /> varianc� would nat advers�ly aff�ct traffic conditions, <br /> light, air nor pos� a fir� hazard or othsr dang�r to <br /> n�ighboring propsrty; would not mer�ly s�rv� as a <br /> conv�ni�nc� to th� applicants, but � is necessary to <br /> all�viat� a demonstrabls hardship or difficulty; is <br /> n�cessary to pr�s�rv� a substantial property right of th� <br /> applicants; and would b� in k�eping with the spirit and <br /> int�nt of th� Zoning Cods and Compr�h�nsivs Plan of th� <br /> • City. <br /> CONCLIISIONS, ORDER AND CONDITIONS <br /> Bas�d upon on� or more of th� findings not�d abov�, the <br /> Orono City Council h�r�by grants an aft�r-th�-fact varianc� to <br /> th� Municipal Zoning Cod� S�ction 10.23, Subdivision 6 (B) to <br /> p�rmit th� constructian of a d�ck Tocated 27.3' from th� r�ar lot <br /> lin� wh�r� a 50' r�ar lot lin� s�tback is normally r�quir�d, <br /> subj�ct to th� following conditions: <br /> . 1. Applicants sha11 obtain an aftsr-th�-fact building <br /> p�rmit and shall pay th� r�quir�d aft�r-th�-fact <br /> inv�stigation fe� in addition to th� normal building p�rmit <br /> f��. <br /> 2. Authoriti�s grant�d by this r�salution run with th� <br /> prop�rty not with th� applicants, but ar� p�rmissiv� only <br /> and must b� �x�rcis�d by application for a building p�rmit <br /> . within one y�ar of th� dat� of Council approval, or this <br /> varianc� wi11 �xpirs on that dat� (May 8, 1990). <br /> 3. Violation of or non-compliance with any of th� t�rms and <br /> conditions of this varianc� shall constitut� a violation of <br /> the zoning cod�, shal 1 automatically terminat� any authority <br /> • grant�d hsr�in, and shall b� punishabls as a misd�m�anar. <br /> 4. The und�rsign�d applicants hav� read, undsrstood and <br /> h�r�by agr�� to th� t�rms of thi s reso lutian and on beha 1 f <br /> of thems�Iv�s, th�ir h�irs, succ�ssors and assigns, h�r�by <br /> agrs� to th� r�cording of this r�solution in th� chain of <br /> tit7.� of th� prop�rty. <br /> Pag� 2 af 4 <br />