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� 1 ' � � � Clt� o� ORONO � ; • I��r"�, ` '�� RESOLUTION OF THE CITY COUNCIL ;�;;�- z' �: � NO. 2871 • - • � . ;5� �4�'�� c) The proposed deck will be a positive improvement to the property. 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 proposed 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 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 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 the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.28, Subdivision 5 (B) to permit the construction of an 8' x 41' deck with railings, located 27' from the north street lot line and 23' from the west street lot line where 50' setbacks are normally required, subject to the following conditions: 1. Applicant shall obtain an after-the-fact building permit prior to continuing construction of this deck. 2. Authorities granted by this variance 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 Counci 1 approva 1, or thi s variance wi 11 expire on that date (September 10, 199�1). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. � Page 2 of 4 .