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fr.. <br />and would be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />6.The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City Staff, comments by <br />the applicants and the effect of the proposed variance on the health, safety and <br />welfare of the community. <br />CONCLUSIONS, ORDER, AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants <br />variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Sec .ion 10.56, Subdivision 16 (L) <br />to permit 836 s.f. (29%) hardcover in the 0-75' setback where 768.4 s.f. (27%) exists and none is allowed, <br />and 972 s.f. (47%) hardcover in the 75-250 ’ setback where 994 s.f (48%) exists and 25% is allowed; Section <br />10.55, Subdivision 8 to permit the proposed »-esidence 70* from the 929.4’ lakeshore where a minimum <br />setback of 75 ’ is required; Section 10.25, Subdivision 6 (B) to p'*rmit an 8 ’ rear yard setback where 30 ’ is <br />required and to permit new construction on the non-conforming lot less than .5 acre in the LR-IC district. <br />Approval is subject to the following conditions: <br />1.Council approval is based on the site plan submitted by the applicant attached to this <br />resolution as Exhibit A. Any amendments to the site plan may require further <br />Planning Commission and City Coimcil review. <br />2.It is the intent of the City Council that variances to develop the lot to exceed allowed <br />hardcover would not be looked upon favorably. <br />3. <br />4. <br />The roof pitch of the structure shall not exceed 10:12. <br />Authorities granted by this variance run with the property not with the applicant, but <br />are permissive only and must be exercised by application for a building permit within <br />one year of the date of Council approval, or this variance will expire on that date <br />(August 28,2001). <br />5.Violation of or non-compliance with any of the terms and conditions of this variance <br />shall constitute a violation of the zoning code, shall automatically terminate any <br />authority granted herein, and shall be punishable as a misdemeanor. <br />Page 3 of 6 <br />(* nMr v n:^ M*' II ■ I .1 / - r I A. .1 -