06-10-1996 Council Packet - Laserfiche WebLink

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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 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 preser\e 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 an after- the-fact variance to Municipal Zoning Code Sections 10.22, Subdivision 2 and 10.56, Subdivision 16 (L) to allow the replacement in-!:ind of the pre-existing deck on the property, subject to the following conditions; 1.Hardcover on the property in the 75-250' setback zone shall be limited to those items shown on the survey and hardcover calculation worksheet attached to this resolution as Exhibit A. Total hardcover in the 75-250' zone is limited to 4,789 s.f or 44.7%. Applicant is advised that future proposals that result in additional hardcover on the property will not be approved, but might be approved only if concurrent hardcover removals result in no net increase in hardcover. 2.Applicant shall obtain an after-the-fact permit for the deck, and the deck shall be inspected by the City to confirm its compliance with the Building Code. 3.Authorities granted by this variance run with the property not with the applicants, but are permissive only and must be exercised by issuance of a building permit within one year of the date of Council approval, or this variance will expire on that date (June 10, 1997). 4.Violation of or non-compliance with any of the temis and conditions of t’lis variance shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 6 J