10-13-1997 Council Packet - Laserfiche WebLink

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’it. -■ 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 r?>»ghboring 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 hi 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 10.03, Subdivision 15 (C), 10.55, Subdivision 8 and 10.56, Subdivision 16 (CX5) to allow the replacement of an existing fence within the right-of-way of West Femdale Road at a height of 6* where only a 3 1/2' fence height would normally be allowed, and within 75' of the lakeshore where no fences are normally allowed; and grants permission per Section 6.07, Subdivision 1 for placement of such fence within the public right- of-way, subject to the following conditions: 1. No portion of the fence shall exceed 6' in height above the pre-existing grade. 2. 3. All portions of the fence shall be located at least 10' from the existing pavement of West Femdale Road. Applicant shall execute a hold harmless agreement, relieving the City from any responsibility for damage to or maintenance of said fence located in the City right-of-way. Authorities granted by this variance run with the property not with the applicant, 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 (October 13, 1998).