08-22-1994 Council Packet - Laserfiche WebLink

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5. The City Council fir.ds that the conditions existing on this propeny are peculiar to it anil 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 propeny; 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 richt of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. 6. The City Counci has considered this application including the findings and recommendaiions of the Planning Commission, reports by City staff, comments by tiic applic nt and the effect of the proposed variance on the health, safety and welfare of the -ommunity. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to Municipal Zoning Code Sections 10.22. Subdivision 2 and 10.56, Subdivision 16 (L) to permit an amendment of Resolution and permit the retention of excessive hardcover on the property, subject to the following conditions; 1. No hardcover is allowed in the 0-75’ zone. Hardcover in the 75-250’ zone will be allowed at a level of 23.4% and in the 250-500’ zone at a level of 56.4% per the calculations and site plan attached to this resolution as Exhibit A. 2. Prior to commencement/continuation of construction on the addition approved in Resolution #3383. applicant shall remove those areas of hardcover not approved in condition 1 above, and shall convert the unapproved gravel hardcover area behind the garage to nonhardcover grass. 3 Authorities cranted 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 (August 22. 1995). 4 Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate anv authority granted herein, and shall be punishable as a misdemeanor. Pace 3 of 6