11-08-2004 Council Packet - Laserfiche WebLink

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■ •'n M' 3. The Planning Commission reviewed this application at a public hearing held on July 19, 2004 and recommended approval of the variances based on the following findings: a. French Lake is a Natural Environment lake which requires a 150 ’ setback from the OHWL. b. The existing home is located approximately 50 ’ from the OHWL, entirely within the required 150 ’ setback. c. Prior to the adoption of the Shorcland Ordinance in 1992 establishing a 150' setback from Natural Enviromnent lakes, the home was subject to only a 26’ wetland setback, at which time all structures were in a conforming location. d. The applicant has proposed to a net reduction of 1.2% hardcover witliin the 0-75 ’ zone. 4. The City Council has considered this application including the findings and recommendation of the Plaiming Commission, reports by City staff, conmrents by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. The City Council finds that the conditions existing on this property are peculiar 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 serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; 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 Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Sections 78-1279 Subdivision 1, and 78-1288 Subdivision A to allow hardcover within the 0-75 ’ setback zone of 8% where 9.2% currently exists and a lake setback variance to allow decks to be set back 45 ’ from Page 2 of 5