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r <br />! <br />t; <br />4. The City Council has considered this application including the findings and <br />recommendations of the Planning Commission, reports by City staff, comments <br />by the applicant and the effect of the proposed variance on the health, safety and <br />welfare of the community. <br />5. Hie City Council finds that the conditions existing on this property are peculiar <br />to it and do not apply generally to other property in this zoning district; that <br />granting the variance would not adversely affect traffic conditions, light, air nor <br />pose a fire hazard or other danger to neighboring property; would not merely <br />serve as a convenience to the applicant, but is necessary to alleviate a <br />demonstrable hardship or difficulty; is necessary to preserve a substantial <br />property right of the applicant; and would be in keeping with the spirit and <br />intent of the Zoning Cede and Comprehensive Plan of the City, <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby grants a variance <br />to Municipal Zoning Code Sections 10.22, Subdivisions 1 and 2; 10.55, Subdivision 8; and <br />10.56, Subdivision 16(L) to permit the construction of a new residence constituting hardcover <br />in the 75-250' zone of 30,0%, subject to the following conditions: <br />1.The only hardcover allowed in the 0-75' zone will be the existing 74 s.f. <br />stairway. Hardcover in the 75-250' zone shall not exceed 30.0% per the site plan <br />and hardcover worksheet attached to this resolution as Exhibit B. Applicant is <br />advised that hardcover on the property based on this approval will exceed the <br />normal limits, and any future proposal to increase hardcover on the propierty will <br />likely not be approved, but might be approved only in conjunction with the <br />concurrent removal of pre-existing hardcover, resulting in no increase or a net <br />decrease in hardcover on the property. <br />Authorities granted by this variance run with the property not with the <br />applicants, but are permissive only and must be exercised by obtaining a <br />building permit within one year of the date of Council approval, or this variance <br />will expire on that date (January 26, 1999). <br />Page 3 of 6 <br />j