04-28-2003 Council Packet - Laserfiche WebLink

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8. necessary to preserve a substantial property right of the applicants; and would be in keeping wiih 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 Staf, comments by the applicants and the effect of the proposed variances on the hcalili, 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 10.23, Subdivision 6 to permit construction of a new home on a 1.34 acre lot where 2 acres are required with a lot width of 100.28’ where 200’ is required. The City Council hereby denies a variance to Municipal Zoning Code 1 0.23, Subdivision 6 to permit side yard setbacks of 20’ where 30’ is required. Approval is subject to the following conditions: 1 . Approval is conditioned on the removal of the existing shed in the 0 /5’ hardcover setback zone. 2. Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application fora building permit within one year of the date of Council approval, or these variances will expire on that date (April 28,2004). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeaiior. 4. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the Chain of Title of the property. Page 3 of 5