10-13-1997 Council Packet - Laserfiche WebLink

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4. 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 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. 5. 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 and Subdivision 2 and Section 10.25, Subdivision 6(B) to permit the replacement of a previously existing deck that requires hardcover variances of 21.6% in the O' to 75' lakeshore zone and 36.4% in the 75' to 250' lakeshore zone where 21.6% and 63.6% is existing and none and 25% is allowed, respectively, a side setback variance of 5.9' to allow the deck to be located 4.1' from the side lot line where 10' is required and .9' is existing and a lakeshore setback variance of 8' to allow the deck to be located 67' fi-om the ordinary high water mark where 75' is required. Approval was subject to the following conditions: 1. Landscaping underlain with plastic must be removed in the amount of 490.2 s.f, the same area as the deck as shown on Exhibit A. Exhibit B is the applicant's explanation of the proposal, which estimates the removal of even more hardcover than is required by Planning Commission Recommendation. 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 expire on that date (October 13, 1998). 2. Violation of or non-compliance with any of the terms and conditions of this Page 2 of 5