01-28-2002 Council Packet - Laserfiche WebLink

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5. 6. D. 1 he shed is located over a rock bed and does not have a permanent foundation. 1 he 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 aflect traffic conditions, light, air, nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or ditliculty; 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. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, comments by the applicant 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 grants variances to Municipal Zoning Code Section 10.22. Subdivision 2 and Section 10.56. Subdivision 16 (L) (2) to permit 5,545 s.f (27.9%) hardcover in the 75-250' lakeshore setback where 5.379 s.f. (27.1%) hardcover exists and 5,379 s.f. (25%) is allowed, for a T extension to the existing lakeside deck and to connect the deck with a 3 '/i* X 25' walkway to a side entrance to the house: and Section 10.03. Subdivision 9 to permit a variance to permit a shed to be located T from the side property line where a 10' setback is required subject to the following conditions: Authorities granted by the variances run with the property not with the applicant, but arc permissive only and must be exercised by application for a building permit within one year of the date of Council approv al, or these variances will expire on that date (January' 28,2003). V iolation of or non-compliance with any of the terms and conditions of the variances shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned owners have read, understand and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. Page 3 of S