12-11-2000 Council Packet - Laserfiche WebLink

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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 pro* iy right of the applicants; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 5.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 welf^e 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 10.56, Subdivision 16 (C) (1) to permit the construction of a swimming pool 123' from the OHWL of Lake Classen where 150' is required to lakes classified as NE, Natural Environment and to Section 10.56, Subdivision 16 (C) (3) to permit a 9' encroachment into the average lakeshore setback for structures where no encroachment is allowed subject to the following conditions : 1.Applicants shall remove hardcover as depicted on the approved site plan attached hereto as Exhibit A. Final hardcover shall not exceed 25% of the land area within the 75-250' setback. 2.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (December 11, 2(X)1). 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. Page 3 of 6