12-13-2004 Council Packet - Laserfiche WebLink

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r 5. 6. C. CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4 84 y neighborhood and surrounding homes. The property is effectively surrounded on three sides by lakeshore. Therefore, the square footage of pervious surface (lawn) that is located between the proposed hardsurfaces and the lake is significantly greater than that of typical lakeshore lots. A t>pical conforming KO’ wide, 310 ’ deep LR'IB lot would be allowed 10,400 s.f. of hardcover whose runoff would be absorbed over a 10,500 s.f. 0-75’ zone, or about a 1:1 ratio. On this property, however, based on the location of proposed hardcover and the topography, the runoff from 8,800 s.f. of 75-250’ hardcover will be absorbed by an area 75’x350’ or 26,000 s.f. within the 0-75’ zone that is directly downhill from the hardsurfaces. This results in a “hardsurface-to- functional absorbtion-area” ratio of about 1:3, i.e. much greater functional absorbtion area than a typical lot. This phenomenon is unique to this lot and the very few similarly situated lots in the City, and acts to mitigate the impacts of hardcover in excess of the 25% normal limit. 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 will 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 vvould be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 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 variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 8,810 s.f (39.2%) hardcover in the 75-250’ lakeshore setback, where 7,856 s.f (34.9%) exists and 5,624 s.f (25%) is allowed; end a variance to Section 10.56, Subdivision 16 (C) (6) to permit an an encroachment into the average lakeshore setback, subject to the following conditions; f. Page 3 of8