07-12-1993 Council Minutes2 - Laserfiche WebLink

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13. The City Council finds that the property cannot be put to a reasonable use unless the variance is granted, and that use of the property as additional yard is not a reasonable use given applicant’s reliance when he purchased the property that it constituted a buildable lot as evidenced by three prior variance approvals. The City Council finds that the applicant’s situation is due to unique circumstances not created by the landowner, and that applicant’s purchase of the propem while applicant owned the adjacent developed lot does not place applicant in the position of being required to adhere to a higher standard of review as compared to an owner of the property who does not own adjacent developed land. Further, the Council finds that there are other similar sized lots in the locality that have been developed, that development of the property will be required to adhere to the same setback standards that apply to other properties in the area, and that construction of a single family residence on the property will not alter the essential character of the locality. 14. 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 ser\'e 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. 15. On June 28, 1993 the City Council on a vote of 3 ayes and 2 nays granted conceptual approval for the variance request and directed staff to draft a resolution of approval. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.25, Subdivision 6 (B) to permit the construction of a new residence on a property 16,748 square feet in area or 77% of the required 21,780 square feet (1/2 acre) and with a lot width of 55 feet or 55% of the required 100 feet of lot width, subject to the following conditions; 1. The detached garage located within the right-of-way of Casco Circle is a non- conforming structure and subject to all pertinent municipal ordinances for non- conforming structures. Page 4 of 6