08-24-1998 Council Packet - Laserfiche WebLink

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5. 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 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. 6. The City Council finds that granting an after the fact conditional use permit to allow the installation of a retaining walls will not be detrimental to the health, safety or general welfare of the public, would not adversely affect light, air nor pose a fire hazard or other danger to neighboring property, nor will its use depreciate surrounding property values and that the proposed level of use of the property will be in keeping with the intent and objectives 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 variances to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.56, Subdivision 16 (L) (2) to permit 760 sq. ft. (18.5%) hardcover in the 0-75' lakeshore setback where none is allowed and 4,221.7 sq. ft. (55.3%) of hardcover in the 75-250’ lakeshore setback where only 25% is allowed; Section 10.03, Subdivision 14 (C) to allow structural coverage to increase from 1,992 sq. ft. (16.9%) to 2,033 sq. ft. (17.3%); Section 10.03, Subdivision 9 (D) to allow an accessory structure to encroach 5' into a side yard adjacent to the street setback where 10 is allowed; and Section 10.56, Subdivision 16 (C) (5) to allow retaining walls to be replaced within 75’ of the lakeshore, and an after the fact Conditional Use Permit per Municipal Zoning Code Section 10.03, Subdivision 19 to allow the replacement of retaining walls on the property, subject to the following conditions: Page 3 of 5