11-22-2004 Council Packet - Laserfiche WebLink

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NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby denies the requested variances as described above based on one or more of the following findings of fact concerning this property: 1. 2. 3. 4. 5. The property consists of 2.2 acres, or 95,002 s.f. in land area. Variances were granted in 2004 (Resolution Number 5206) on this property to permit construction of decks over existing concrete patios consisting of hardcover within the 0-75 ’ setback of 7.8% or 1,532 s.f.. The house was constructed prior to the adoption of the Shoreland Overlay District standards classifying French Lake as a Natural Environment lake requiring a 150’ structure setback. It is the intent of the Comprehensive Plan and Zoning Code to protect the water quality of French Lake by limiting the amount of hardcover a lot contains. No hardship exists on this lot that would require additional hardcover. The granting of the requested variances would be contrary to the provisions of Municipal Zoning Code Section 78-123, Subdivision A with which the applicant must first comply in order that variance be granted. The Council finds that: a. The property in question can be put to a reasonable use if used under conditions allowed by the official controls. b. The variance, if granted, will alter the essential character of the locality. c. The special conditions applying to the structure or land in question are not peculiar to such property or immediately adjoining property. d. The conditions do apply generally to other land or structures in the district in which the land is located. e. The granting of the application is not necessary for the preserv’ation and enjoyment of a substantial property right of the applicant. Page 2 of 3