08-11-1997 Council Packet - Laserfiche WebLink

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r m CITY of ORONO RESOLUTION OF THE CITY COUNCIL NO. '8 8 6 3 4. 5. The applicant originally proposed a design that measured 32'5", when measured as the vertical distance between the highest adjoining ground level adjacent to the garage and the average height of the highest gable of the pitched roof of the observatory. The applicant worked with staff to use an dtemative feasible engineering solution Aat reduced the height to 3r4". The proposed design includes a walk-out basement which is not considered a story and two levels above which are considered the first and second story. For purposes of measuring height, the observatory shall be considered a half-story because it does not exceed 50% of the building footprint. The proposed design is therefore considered 2 1/2 stories in conformance with the definition of "building height". The City Council finds that tlie conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances 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. 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 1 (B) to allow lakeside decks that encroach 8' into the average lakeshore setback. Approval was subject to the following conditions: 1. 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 e}q)iie on that date (March 24, 1998). 2. 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 graiited herein, and shall be punishable as a misdemeanor. 6.