08-22-1994 Council Packet - Laserfiche WebLink

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4. 5. b.The structure could be placed on propeny meeting the required 75’ setback from ail lot lines. c.If structure was to be placed in a conforming location on the higher elevations to the north and west, tower would have greater visual impact on the adjacent residential property. d.The owner of the property and the adjacent property owner have agreed to execute agreements that would release the City from any liabilities should the structure in its present nonconforming location collapse and result in property damage. The Ciry 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 properties; 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. The City Council finds that granting a conditional use permit to allow a 75’ antenna/tower structure to remain in its present location will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring properties, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council grants a conditional use permit and a variance to Municipal Zoning Code Section 10.^8, Subdivision 3 (A) to allow the antenna/tower strucnire to remain at a 32’ setback from the west lot line requiring a 43’ or 57% variance and grants a conditional use permit for an inde^ndent antenna/tower structure to be at a maximum height of 75’, subject to the following conditions. Page 2 of 5