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__ _ Y �r• 1 _ t ` .} � . � Cit� o� ORONO . • � � RESOLUTION OF THE CITY COUNCIL i(� NO. 2722 - • - • • C) Likewise, the proposed deck at the rear of the house is technically adjacent to a side lot line and requires a 50' side setback. The adjacent lot line abuts an open area of pasture and no neighboring � property owners will be significantly effected by this encroachment. The proposed deck is expected to have a platform height 4' above grade with a 3' railing. 4. The City Council has considered this application , inc].uding the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the hea7.th, safety and welfare of the community. 5. The City C.ouncil finds that the conditions existing on this property are peculiar to it and do not apply general Zy to other property in this zoning district; that granting the 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 al leviate 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. CONCLIISIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.27, Subdivision 5 (B) to permit the construction of a screen porch located 25.7' from the front lot line and a . deck 1 ocated 42' f rom the f ront 1 ot 1 ine where a 10 0' f ront setback is normally required, and such porch being 46.8' from the side lot line and such deck being 29' from the side lot line, where a 50' setback is normally required for both structures, subject to the folJ.owing conditions: l. The proposed deck shall never be enclosed. Future enclosure of that deck would require an additional setback variance. 2. Authorities granted by this reso].ution run with the property not with the applicant, but are permissive only and � must be exercised by app7.ication for a building permit �� within one year of the date of Council approval , or this variance will expire on that date (October 23, 1990). . Page 2 of 4