06-23-2003 Council Packet - Laserfiche WebLink

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I 6. 7. 8. graze (and allow a fence to be constructed as proposed) as near as 26' to the wetland edge while maintaining an undisturbed 26 ’ buffer. 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 finds that granting conditional use permits will not be detrimental to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives 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 and a conditional use permit to Municipal Zoning Code Section 10.22, Subdivision 2; Section 10.56, Subdivision 16 (L)(l); Section 10.56, Subdivision 16 (JX3); Section 10.55, Subdivision 8; Section 10.56, Subdivision (J)(4b); Section 10.56, Subdivision 16 (NKO; Section 10.03, Subdivision 15 (GK2c) to reconstruct an existing gravel pathway through wetland to access a 1.8 acre island of land on the property, constituting hardcover within the 0 to 75' setback zone from the OHWL of French Lake where no hardcover is permitted; grading, filling and excavating within 75’ of the OHWL of French Lake where no grading, filling or excavating is permitted; movement of more than 500 cubic yards of material within the shoreland overlay district; and to permit keeping horses on an intermittent basis on the island of land, an agricultural use within 150* of the OHWL of French Lake Page 3 of 6 r, f i