07-28-2003 Council Packet - Laserfiche WebLink

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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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Sections 10.24, Subdivision 5(B) to allow construction of a new 6’ x 20 ’ covered porch enUy 5’ from the side lot line where a 10’ setback is required; and a variance to Sections 10.22 Subdivision 2 and 10.56, Subdivision 16(L) to allow hardcover in the 75- 250* zone at 54.7% where only 25% hardcover is normally allowed, subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant, attached to this Resolution as Exhibit A. Any amendments to the site plan which are not in conformity with City codes will require further Planning Commission and City Council review. 2.Hardcover in the 0-75’ zone shall not increase above the existing 10.3%. Hardcover in the 75’-250 ’ zone shall be limited to 3147.16 s.f. or 54.7% per the proposed plan and hardcover allowance summary as depicted on Exhibit A. Applicant is advised that any future requests to increase hardcover or change the nature of cxisting/approved hardcover shall require City approval, and increases in hardcover will likely not be approved without concurrent reductions in existing hardcover. 3. Applicant shall remove all plastic or fabric liner material from the decorative landscape beds on the property to ensure their permeability as non-hardcover surfaces. 4. Required removals of structure and hardcover shall be completed by November 1,2003. 5. Authorities granted by this resolution run with the property not with the applicants, but are permissixe only and must be exercised by obtaining a building permit for the new construction within one year of the date of Council approval, or the variance w ill expire on that date (July 28,2004). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted ,J