08-18-2003 Planning Packet - Laserfiche WebLink

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City off OROIVO RESOLUTION OF THE CITY COUNCIL NO. 2115 iTs IW «B m MKMFHMn B) The concrete patio existing under the deck and stairway area Is proposed to be removed except for a walkway* The applicant proposes to use very narrow spacing between the deck boards for safety purposes. The deck and stairway are at a second-story level. The deck and stairway should be considered as hardcover. deck and stairway will be partially screened from the lake by existing shrubbery. reviewed the application on November 10, 1986 and tabled the application requesting applicant to reduce the extent of variances needed. ?• submitted the proposal attached as 1 xhibit A to this resolution. The Council finds that the variances requ®sted in order to construct the deck and stairway per Exhibit A are justified per the findings of the Planning Commission as noted herein. Council has considered this application including the findings and recoumenuations of the Planning Commission, reports by City staff, comments by the applicant and the effect oi the proposed variance on the health, safety and welfare of the community. 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 soning 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the aplicant; and would be in keeping with the spirit and intent of the /.onii.g Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 and 2 and Section 10.55, Subdivision 8 to permit the n ® ^®®^ stairway constituting 0.16% hardcover in lakeshore setback zone, constituting 37.6% hardcover in the 75-250 lakeshore setback zone, constituting a 3* structural encroach- ment into the 0-75' lakeshore setback requirement, subject to the following conditional Page 2 of 4