Laserfiche WebLink
4. The City Council has considered this application including <br />the findings and recommendations of the Planning Commission, <br />reports by City staff, comments by the applicant and the effect <br />of the proposed variance on the health, safety and welfare of the <br />community. <br />5. The City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district? that granting the variance <br />would not adversely affect traffic conditions, l:ght, air nor <br />pose a fire hazard or other danger to neighboring property? would <br />not merely serve as a convenience to the applicant, but is <br />necessary to alleviate a demonstrable hardship or difficulty? is <br />necessary to preserve a substantial property right of the <br />applicant? and would be in keeping with the spirit and intent of <br />the Zoning Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City <br />Council hereby grants a variance to Municipal Zoning Code Section <br />10.03, Subdivision 14 (D) to permit the construction of a tennis court <br />to be located 10' from the side lot line where a 30' side setback is <br />normally required, subject to the following conditions: <br />1. The tennis court may never oe provided with lighting. <br />2. Applicant shall adhere to the site plan attached to this <br />resolution as Exhibit A. <br />3. Authorities granted by this variance run with the property <br />not with the applicant, but are permissive only and must be <br />exercised by application for a building permit within one year of <br />the date of Council approval, or this variance will expire on <br />that date (September 10, 1991). <br />4. Violation of or non-compliance with any of the terms and <br />conditions of this variance shall constitute a violation of the <br />zoning code, shall automatically terminate any authority granted <br />here^.n, and shall be punishable as a misdemeanor. <br />5. The undersigned applicant has read, understood and hereby <br />agrees to the terms of this resolution and on behalf of himself, <br />his heirs, successors and assigns, hereby agrees to the recording <br />of this resolution in the chain of title of the property. <br />Page 2 of 4