10-14-2002 Council Packet - Laserfiche WebLink

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to the health, safety or general welfare of the public, will not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of tne property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. 7. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City Staff, coniments by the applicant and the effect of the proposed variances 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 a variance to Municipal Zoning Code Section 10.03, Subdivision 9 (D) and a conditional use permit per Section 10.03 Subdivision 10 to allow an accessory building to to be constructed on the subject property closer to the street than the principal structure and on a through lot; and for a variance to retain part of a first floor deck which has a railing greater than 24" above grade. Approval is subject to the A llowing conditions: 1 . Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A with staff notations. Any amendments to the site plan may require further Planning Commission and City Council review. 2. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or these variances will expire on that date (October 14,2003). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 4. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on ^half of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the Chain of Title of the property. 3 of6