#4065-variance-1998 - Laserfiche WebLink

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. � � � � O� _ O O - b. C ITY of ORONO � � �� G'� RESOWTION OF THE CITY COUNCIL L9xESII�4��' NO. Q � � e`� C. The entire residence is located in the required bluff setback area. D. The allowed building pad is restricted by the street setback and the top of the bluff. E. The proposed upper deck is to replace a previous deck. 4. The City Council fmds that the conditions existing on this property are peculiar - to it and do not apply generally to other property in this zonir.g 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 �e 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 a top of the bluff setback variance per Municipal Zoning Code Section 10.56, Subd. 16 (2) and (3) to permit construetion of an upper deck and screen porch underneath as proposed in Exhibit A, subject to the following conditions: 1. The proposed deck and screened porch under the deck shall not be con��erted to enclosed living azea. 2. 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 pernut within one year of the date of Council approval, or this variance will expire on that date (April 27, 1999). Page 2 of 4