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1 .i � <br /> � Cit� o� ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> � NO. 2884 <br /> • - • • <br /> property in this zoning district; that granting the variance <br /> would not adversel.y affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; woul.d <br /> not merel.y serve as a convenience to the applicant, but is <br /> necessary to a3.I.eviate a demonstrable hardship or difficul.ty; is <br /> necessary to preserve a substantial property right of the <br /> ' applicant; and woul.d be in keeping with the spirit and intent of <br /> � the Zoning Code and Comprehensive Pian of the City. <br /> ' 5. The City Council has considered this application including <br /> a the findings and recommendations of the Pl.anning Commission, <br /> reports by City staff, comments by the applicant and the effect <br /> of the proposed variance on the hea�.th, safety and welfare of the <br /> community. <br /> CONCLUSIONS, ORD$R AND CONDITIONS <br /> Based upon one or more of the above findings, the Orono City <br /> Council hereby grants an after-the-fact variance to Municipal Zoning <br /> Code Section 10.03, Subdivision 12 to permit a deck constructed to the <br /> east or rear side of the existing house structure I.ocated 5' from a <br /> detached garage rather than the required 10' separation, subject to <br /> the fol.�owing conditions: <br /> l. App I icant sha I.I. submit f uY 1 payment f or an af ter-the-f act <br /> variance appXication. Upon application for a buiZding permit, <br /> the appl.icant shaZx pay a pena�.ty fee. <br /> 2. The Orono Buil.ding Department is asked to consider both the <br /> shed and deck in the application of the fire code as it relates <br /> to firewaxJ. construction within existing detached garage. <br /> 3. Authorities granted by this variance run with the property <br /> not with the applicant, but are permissive onl.y and must be <br /> exercised by appXication for a building permit by October 29, <br /> 1990. <br /> 4. Vio3.ation of or non-compliance with any of the terms and <br /> conditions of this variance sha�� constitute a violation of the <br /> zoning code, shal.I. automatical.I.y terminate any authority granted <br /> herein, and sha1l. be punishable as a misdemeanor. <br /> Page 2 of 4 <br />