05-08-2000 Council Packet - Laserfiche WebLink

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location available to accommodate a standard size court due to the septic system being located behind and east of the house. Homes impacted by the rear yard setback encroachment are located 235* and 270* from the north comers of the proposed tennis court. The court would be 20* lower than the average main floor elevation of both houses. 5.The City Council finds that the conditions existing on this property are pieculiar 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 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. 6.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 10.03, Subdivision 14 (D) to permit construction of a tennis court 30 ’ from the rear lot line where 50 ’ is required, and Section 10.03, Subdivision 15 (E) to permit a 10 ’ fence to be constructed in the rear yard where 6’ is permitted. Approval is subject to the following conditions; 1.Council approval is based on the site plan submitted by the applicants attached to this resolution as Exhibit A. Any amendments to the site plan may require further Planning Commission and City Council review. Page 3 of 7