02-08-1993 Council Packet - Laserfiche WebLink

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pose a fire hazard or other danger to neighboring property; 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. 5. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant 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 findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.28, Subdivision 5 (B) and Section 10.56. Subdivision 16 (C-1) and (L-1) to permit the construction of a new residence on the property requiring a 56,730 s.f. or 65% area variance, 25 ’ or 33.3% tributary setback variance and 1,402 s.f. or 8.65% hardcover within the 0-75 ’ setback area, subject to the following conditions; 1.Based on a prior agreement with the City of Orono, applicant shall grant a road and utility easement at a 25 ’ width for Leaf Street and a 10 ’ wide drainage and utility easement to the east side of the newly defined street lot line. These easements must be fully executed and in a form suitable for filing and submitted to the City at the time of the filing of the building permit for new construction. Authorities granted by this resolution 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 (February 8, 1994). 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 any authority granted herein, and shall be punishable as a misdemeanor. Pace 4 of 6