02-26-1990 Council Packet - Laserfiche WebLink

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'hall Providian executed draiSiSI applicant•entered on the swale in the 0-7?? ralnage easement reducing to a 5* wfdh^hroperty boundary north to the westerlyPPllcant's surveyor shall right-of-way.uch easement. ^ Provide a legal description f^rIteration permit^ prior ^ ^ obtain a landJst be obtained b^efore a Certthe yard, such permit luse is issued. ^ Certificate of Occupancy for theWith the «st be exercised by ^^pplic^t^on T® P^'^’^issive only and thin one year of the dftV of ® building permit solution will expire on that date (Pebrua?y"26Vl9?i^“‘® nditions of thiV r"esof°tfon ^shal terms and the zoning code? shall = violation thority granted herein and terminate anysdemeanor. nerein, and shall be punishable as a reby agrees ^V^the^terms^o^^ read, understood and hirself, his he??s, successors and the recording of this reso^Mon ®^rees i pro:erty. *^®®°-^“bion in the chain of title of :s at a «Vlar?eet?n?he?d"on \he%6t? da?of ?eb?ua"ry,' "• '-“i' ^ard Callahan, Jr., acti l^Mayor Page 4 of 6 E) The grade changes proposed for after-the-fact approval do not increase the rate, volume or quantities of run-off to the lake from this property.F) The proposed after-the-fact grade changes have no significant visual impact as viewed from the lake, and do not change the pre-existing character of the shoreline.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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; 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 finds that granting an after-the-fact conditional use permit to allow the grading work in the 0- 75' lakeshore yard 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 properties, nor will it 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. CONCLDSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance to Municipal Zoning Code Section 10.22, Subdivision 2 and Section 10.55, Subdivision 8, and a conditional use permit per Section 10.03, Subdivision 19 for after-the-fact approval of grading in the lakeshore yard where no grading, filling or excavating in normally allowed, subject to the following conditions: 1. Applicant shall sod the 0-75' lakeshore yard and the area of the swale in the 75-250' zone as soon as weather permits in the spring of 1990. 2. During the spring run-off, applicant shall maintain proper erosion methods to eliminate erosion and sedimentation prior to resodding of the yard. Page 3 of 6