08-11-2003 Council Packet - Laserfiche WebLink

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r eliminate any encroachment of the wetland located east of the property while removing retaining walls that are not necessary to support the topographic changes on the site. 7.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 variance would 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. 8.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 ^^ts variances to Municipal Zoning code Sections 10.22, Subdivision 2 and 10.56 Subdivision 16(L)(2) to allow hardcover in the amount of 39.7% in the 500-1000 ’ lakcshorc setback zone, subject to the following conditions; 1.Hardcover is approved at a level of 39.7% (7,693 s.f.) per the approved site plan attached hereto as Exhibit A. All required hardcover removals shall be completed as soon as possible, and a final Certificate of Occupancy shall be granted only upon completion of the removals. Applicant is advised that any future proposals for additional hardcover on the property will likely not be approved, but might be approved only in conjunction with concurrent hardcover removals to result in no net hardcover increase on the property. 2.Existing encroachments of wetland or required wetland setbacks by retaining walls, fill or paved surfaces shall be removed. Page 3 of 6