06-28-2004 Council Packet - Laserfiche WebLink

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5. 6. The hardcover level of 33% in the 75-250’ zone is furtlier justified by the location near the lake of the two adjacent homes. Moving the proposed residence nearer the street to reduce the necessary driveway hardcover would cause a hardship because it would result in loss of lake views by the applicants, and would pose a future hardship for the adjoining homes by increasing their degree of nonconfonnity to the average setback rule. The City Council has considered this application, including the recomnicndalions and findings of the Planning Conunission, reports by City staff, conunents by the applicant and the public, and the cfTect of the proposed variances on the health, safety and welfare of the community. The City Council finds that the conditions existing on this property arc 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 applicant, but is necessary to alleviate a demonstrable hardship or di fficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive IMan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-350 to allow construction of a new residence to replace a pre existing residence on a lot 0.39 acre in area with in the LR-1 C Zoning District where a0.50 acre minimum lot area is required; and a variance to Section 78-1 288 to allow hardcover in the 75-250' zone at a level of 33.0% (3,557 s.f.) where only 25% hardcover is normally allowed, subject to the following conditions: I Council approval is based on the site plan and hardcover calculations submitted by the applicant and amiotated by City staff, attached to this Resolution as Exhibit A. Any amentlmcnts to the site phui which are not in confonnity witli City codes will require fiullier Planning Commission and City C.'ouncil review. No hardcover is approved for the 0-75' zone. Page 3 of 6