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'A City of ORONO <br /> CITY RESOLUTION OF THE CITY COUNCIL,. <br /> OF NO. 2867 <br /> R <br /> • - • • <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 variance on the health, <br /> safety and welfare 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 /> variance 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 /> CONCLUSIONS, ORDER AND CONDITIONS <br /> Based upon one or more of the findings noted above, the <br /> Orono City Council hereby grants variances to Municipal Zoning <br /> Code Section 10.22, Subdivisions 1 and 2 to permit lakeside <br /> expansion along the front line of the house of an existing deck <br /> that will encroach 4" into the lakeshore setback area and result <br /> in an increase of 30.4 square feet of additional hardcover. This <br /> approval is subject to the following conditions: <br /> 1. 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 (September 10, 1990). <br /> 2. Violation of or non-compliance with any of the terms and <br /> conditions of this variance shall constitute a violation of <br /> the zoning code, shall automatically terminate any authority <br /> granted herein, and shall be punishable as a misdemeanor. <br /> 3. The undersigned applicant has read, understood and <br /> hereby agrees to the terms of this resolution and on behalf <br /> of herself, her heirs, successors and assigns, hereby agrees <br /> to the recording of this resolution in the chain of title of <br /> the property. <br /> Page 2 of 3 <br />