04-28-2003 Council Packet - Laserfiche WebLink

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r* 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 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 would 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 variances 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 from Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.24, Subdivision 5 (B); Section 10.56, Subdivision 3 (2); Section 10.56, Subdivision 3 (3); Section 10.56, Subdivision 16 (C)(2); Section 10.56, Subdivision 16 (C)(3); Section 10.56, Subdivision 16 (J)(5)(h); Section 10.56, Subdivision (L)(I); and Section 10.56, Subdivision 16 (L)(2) to permit construction of a new residence on the property with a lot area of 0.19 acres (8,172 s.f.) where 43,560 s.f (1 acre) is required; lot width of 50 ’ where 140 ’ is required; rear yard (street) setback of 16.2 ’ where 30’ is required: 354 s.f. (9.34%) hardcover within the 0 to 75 ’ lakeshore setback zone where none is permitted; 1 ,965 s.f. (44.85%) hardcover within the 75 ’ to 250 ’ lakeshore setback zone where 1 ,095 s.f. (25%) is permitted; 14 ’ setback from the top of the bluff where 30’ is required; 7 ’ +/- encroachment into the bluff impact zone where none is pennitted; and placing fill in a bluff impact zone w here no fill is permitted; and hereby denies variances to Section 10.03, Subdivision 14(C) and Section 1 0.24, Subtlivision 5(B), denying a variance to exceed the maximum allowed 1 ,500 s.f. lot coverage and denying the requested side yard setback variance. Approval is subject to the following conditions: 1.Council approval is based on the site plan submitted by the applicants as amended bv staff and as attached to this resolution as Exhibit A. Anv further amendments to the site plan may require further Planning Commission and City Council review. Page 3 of 6 ■aiklHiHik