#4044-variance-1998 - Laserfiche WebLink

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r� �. � O� O O ��b- - 1'� CITY o� ORONO I � � I 1 �� ,�' RESOLUTION OF THE CITY COUNCIL t9kESH�4� NO. 4 {� � � 3. Allowing the deck to remain does not further encroach on the rear setback line. 4. The City Council finds that the conditions existin� on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances 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 applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicants and the effect of the proposed variance on the health, safety and welfare of the community. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants an after-the-fact variance to Municipal Zoning Code Section 10.25, Subdivision 6(B) to allow a rear setback variance of 7.5" where 30' is required and 14.77' is existing to permit the retention of a replacement of a previous deck. 1. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (March 9, 1999). 2. 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