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. - s <br /> , _ _ ,� _ Cit� of ORONO <br /> 1��., � <br /> � ., RESOLUTION OF THE CITY COUNCIL <br /> • NO. 2873 <br /> • - • � <br /> b) The proposed deck and gazebo will not have an impact on <br /> the visual density of the neighborhood, therefore approval <br /> of the lot coverage variance is appropriate, the hardship <br /> being the size of the lot. <br /> 4. The City Council has considered this application including <br /> the findings and recommendations of the Planning Commission, <br /> reports by City staff, comments by the applicant and the effect <br /> of the proposed variance on the health, safety and welfare of the <br /> community. <br /> 5. The City Council finds that the conditions existing on this <br /> property are peculiar to it and do not apply generally to other <br /> property in this zoning district; that granting the variance <br /> would not adversely affect traffic conditions, light, air nor <br /> pose a fire hazard or other danger to neighboring property; would <br /> not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate a demonstrable hardship or difficulty; is <br /> necessary to preserve a substantial property right of the <br /> applicant; and would be in keeping with the s.pirit and intent of <br /> the Zoning Code and Comprehensive Plan of the City. <br /> CONCLIISIONS, ORDER AND CONDITIONS <br /> Based upon the above findings, the Orono City Council hereby <br /> grants a variance to Municipal Zoning Code Sections 10.28, Subdivision <br /> 5 (B) and 10.03, Subdivision 14 (C) to permit the construction of a <br /> deck located 17' from the street lot line and a gazebo located 33' <br /> from the street lot line, where a 50' street lot line setback is <br /> normally required, and which improvements will increase lot coverage <br /> to 15.35$ of the property where only 15$ lot coverage is normally <br /> allowed, subject to the following conditions: <br /> l. Authorities granted by this variance run with the property <br /> not with the applicant, but are permissive only and must be <br /> exercised by application for a building permit within one year of <br /> the date of Council approval , or this variance will expire on <br /> that date (September 10, 1991). <br /> 2. Violation of or non-compliance with any of the terms and <br /> conditions of this variance shall constitute a violation of the <br /> zoning code, shall automatically terminate any authority granted <br /> herein, and shall be punishable as a misdemeanor. <br /> Page 2 of 4 <br />