02-23-1998 Council Packet - Laserfiche WebLink

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# ' >. -j-V ! ^ 2.The proposed second story addition would not further encroach on the required side and lakeshore setback requirements. 3. The height requirement would be met. 4.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 serve as a convenience to the applicants, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicants; 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 applicants 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 above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.25, Subdivision 6(B) to allow a side setback variance of 3' and a lakeshore setback variance of 1' to allow the addition to be constructed over a portion of the existing residence that is located 7 from the side lot line and 74 ’ from the OHWL where 10' and 75’ is required, respectively. 1.Authorities granted by this variance run with the property not with the applicants, 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 23, 1998). 2.Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 2 of 4 :%iii I fc >im f I mil II rti nn laidi d I h i« n ■>. *'i ii'ii ■in« Jiixta ■■ fw iii»iflf< iim i u'n ■ Tin