10-13-1997 Council Packet - Laserfiche WebLink

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proposed variance based upon the following findings: A. There is no hardship for granting the wetland setback variance, and the proposed structure should be reduced to 18’x24' and must meet the 26' wetland setback. B. The hardship for approval of the 1’ street setback is that the pre-existing garage which has been located at this site for many years currently encroaches 2.8' into the right-of-way of Femdale Road, and the new garage will eliminate this encroachment. C. The hardship supporting the location nearer the street lot line than the existing residence structure is the orientation of the property and the proximity of the proposed garage location to the lakeshore, providing applicant with storage for lake oriented equipment at a location relatively nearer the lakeshore than the existing residence. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. 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 applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; 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 Sections 10.23, Subdivision 6 (B) and 10.03, Subdivision 9 (D) to Page 2 of 6 I