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.�: <br /> Cit� of ORONO <br /> • -: �� <br /> ,;� � .� RESOLUTION OF THE CITY COUNCIL <br /> � <br /> -��,;,`, � � N0. 2 6 41 <br /> :i; <br /> ;��� � � � ' <br /> C) The proposed deck in conjunction with construction <br /> of a fire wall in the adjacent detached garage will not <br /> pose a fire hazard to the property. The proposed deck <br /> has a platform height of 6 ' , normally requiring <br /> maintenance of a 10' setback from other structures. <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 /> saf ety and we 1 f are 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 /> CONCI�DSIONS, ORDER AND CONDITIONS <br /> � Based upon one or more of the findings noted above, the <br /> Orono City Council hereby grants a variance to the Municipal <br /> Zoning Code Section 10.23 , Subdivision 6 (B ) to allow <br /> construction of a deck 28' from the rear lot line where a 50' <br /> rear yard setback is normally required, and grants a variance to <br /> � Section 10.03, Subdivision 12 to allow the deck to be 8' from the <br /> detached garage with a stairway extending to a distance of 4' <br /> from the detached garage where a 10 ' setback is normally <br /> required, subject to the following conditions: <br /> 1. The portions of deck and stairway within 10' of the <br /> garage may never be enclosed either above or below the deck <br /> platform. <br /> 2. A suitable fire wall shall be constructed within the <br /> existing detached garage per building code requirements. <br />� 3. 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 (June 12, 1990). <br /> Page 2 of 4 . � <br />