07-28-1997 Council Packet - Laserfiche WebLink

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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. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.28, Subdivision 5(B) to allow a 5' side setback where a 30' side setback is normally required, and grants variances to Section 10.22, Subdivision 1 and Section 10.56, Subdivision 16(C-6) to allow a 75 ’ encroachment of the average lakeshore setback where no encroachment is normally allowed, and grants a variance to Section 10.56, Subdivision 16 (C) to allow a 140 ’ setback from the OHWL of Lake Classen where a 150 ’ setback is normally required, subject to the following conditions: 1. Applicants shall adhere to the proposed plans as revised and submitted with Application #2187. 2. The existing detached garage structure shall be removed prior to final inspection of the new additions. 3. 4. 5. 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 (July 28, 1998). Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. The undersigned applicants have read, understood and hereby agree to the terms of this resolution and on behalf of themselves, their heirs, successors and assigns, hereby agree to the recording of this resolution in the chain of title of the property. Page 4 of 6