07-22-2002 Council Packet - Laserfiche WebLink

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4. 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 variances will not adversely afTect 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 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 grants variances to Municipal Zoning Code Section 10.22. Subdivision 2 and Section 10.56, Subdivision 16 (L) to permit 3.435 s.f. (34.1%) hardcover in the 75-250’ lakeshore setback where 4,537 s.f. (45.1%) exists and 2,512.5 s.f. (25%) is allowed; to permit 1,447 s.f. (45.86%) hardcover in the 250-500’ lakeshore setback where 1,705 s.f. (54%) exists and 946.5 s.f. (30%) is allowed, and variances to Section 10.03, Subdivision 15 (F) to permit a 5’ setback where 10 ’ is required for construction of a new 22’ X 34’ detached garage to replace and existing detached garage, subject to the following conditions: I.The property shall be developed in general conformance with the site plan attached as Exhibit A. 2.Authorities granted by the variances run with the property not with the applicants, but are permissive only and must be exercised by application for a building pennit within one year of the date of Council approval, or these variances w ill expire on that date (July 22,2003). 3.Violation 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. Page 3 of 6 ■ r,...- I i