06-14-2004 Council Packet - Laserfiche WebLink

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b. The applicant’s request for a lake setback variance for a fence within 75’ of the OHWL sliould be denied as there is no hardship to support the variance. 5.The City Council has considered this application including the findings and recoimnendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. Tlie City Council finds that the conditions existing on this property are pcciih.-ir 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 scr\e as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is neces.sary to prcscrx’c 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. CONCl.USIOiNS, ORDER ANI» CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby denies variances to Orono Municipal Zoning Code Sections 78-282, 78-1279 Subdivision B, and 78-1288 for a fence, wooden bo.irdwalk and deck within 75’ of the OllWl. of l.ake Minnetonka, and hereby grants a vari.ince to Orono Municipal Zoning Code .Sections 78-1112, to allow grading and filling below 931.5’ MSL, and a conditional use permit per 78-1114 Subdivision 2 for grading and tilling below 931.5’ MSI. and a conditional u.sc permit per Municipal Zoning Ordinance per 78 1366 for the constniction of chimneys up to 40 ’8 ” in height, subject to the following conditions: 1. Council approval is based on the site plan submitted by tlic applicant and iiiinotaied by City staff, attached to thi.s Resolution us Exhibits B and C. Any amendments to the sue plan which arc not in confonnity with City codes will require further Planning C'ommission and City Council review. 2.Hardcover in the 0-75’ zone shall not increase above 0%. Hardcover in the 75- 250’ zone shall be limited to 23,855 s.f. or 25% per the proposed plan and lianlcover allowance summary as depicted on Exhibit B. Applicant is advised Uiat any future requests to increase hardcover or change the nature of Page 3 of 6 I J