04-26-1993 Council Minutes2 - Laserfiche WebLink

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4. 5. C.An casement across Tract D providing access to Tonkaview Lane has been granted in favor of the subject property (Tract C). D. No additional variances arc required E. Municipal sewer is available and the property has been assessed for sewer. 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. 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 variance 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 applicant, but is necessaiy 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5 (B) to permit the construction of a residence on a 74 acre lot where 1 acre is required subject to the following conditions: 1.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 v^ithin one year of the date of Council approval, or this variance will expire on that date (April 26, 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 2 of 4