11-24-2003 Council Packet - Laserfiche WebLink

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b. The applicants are proposing a drain tile system which wrill be brought to daylight no closer than 50’ from the ordinary high water level (OHWL) of Lake Minnetonka. c. A shed currently existing in the 0-75’ hardcov er zone will be relocated to the 75'-250’ zone. 4. The City Council has considered this application including the findings and recommendation of the Planning Commission, reports by City staff, comments by the applicant and the public, and the effect of the proposed variance on the health, safety and welfare of the community. 5. 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 ser\e as a con\enience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 Section 78-282 to allow hardcover within the 75’-250’ setback zone of 27.8% (consisting of 4.584 s.f. of hardcover) subject to the following conditions: 1. Council approval is based on the site plan submitted by the applicant and annotated by City staff, 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 level of 0%. Hardcover in the 75-250’ zone shall be limited to 4.584 s.f or 27.8® a per the proposed plan and hardco\ er allowance summary as depicted on Exhibit .A. Applicant is advised that any future requests to increase hardcov er or change the nature of existing/approved hardcover shall require City approval, and increases in Page 2 of 5