04-26-1999 Council Packet - Laserfiche WebLink

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H. Additional structure has been requested for living space due to the high water table in the area that prevents the lot from accommodating a basement. 5. 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 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 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2); to allow 2,012 sq. ft. (30.2%) of hardcover in the 75-250’ lakeshore setback, where 2,965 sq. ft. (45%) exists and 1,663.5 sq. ft. (25%) is allowed, and to allow 344 sq. ft. (46.3%) of hardcover in the 250-500' lakeshore setback, where 670 sq. ft. (90%) exists and 222.9 sq. ft. (30%) is allowed; Section 10.03, Subdivision 14 (C): to allow 1,721 sq. ft. (18.0%) structure, where 1,687 sq. ft. (17.6%) exists and 1,500 sq. ft. is allowed; Section 10.25, Subdivision 6 (B): to allow new construction on a lot that does not meet minimum lot area and lot width for the LR-IC Zoning District; Section 10.03, Subdivision 9 (B): to allow the accessory structure (garage) to remain on the property while the existing principal building is removed; and Section 10.56, Subdivision 16 (C) (6) to permit an encroachment within the average lakeshore setback to permit construction of a new residence on the lot. Approval was subject to the following conditions: 1. The Planning Commission will not look favorably on variance requests for additional hardcover or structure in the future. Page 3 of 5