Laserfiche WebLink
B) The applicant has agreed to remove specific items <br />of hardcover in both zones, resulting in a decrease in <br />the 0-75' zone to 1.12%, and a decrease in the 75-250' <br />zone down to 49.5%. The Planning Commission finds that <br />these decreases are in keeping with the intent of the <br />zoning code and appropriate given the current state of <br />development of this property. <br />C) The 1.5' side setback encroachment to accommodate a <br />stairway on the south side of the new deck is <br />approximately equivalent to the ' side setback <br />encroachment of a stairway which previously existed on <br />the north side of the deck and which has been removed. <br />D) The lakeviews enjoyed by the neighboring property <br />owner to the south are only minimally affected by the <br />side setback and average setback encroachment, and such <br />views are already partially screened by existing <br />vegetation at the lot line. <br />4. The City Council has considered this application <br />including the findings and recommendations of the Planning <br />Commission, reports by City staff, comments by the applicant <br />and the effect of the proposed variance on the health, <br />safety and welfare of the community. <br />5. The City Council finds that the conditions existing on <br />this property are peculiar to it and do not apply generally <br />to other property in this zoning district; that granting the <br />variance would not adversely affect traffic conditions, <br />light, air nor pose a fire hazard or other danger to <br />neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate <br />a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and <br />would be in keeping with the spirit and intent of the Zoning <br />Code and Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the findings noted above, the <br />Orono City Council hereby grants a variance to Municipal Zoning <br />Code Section 10.22, Subdivisions 1 and 2 and Section 10.24, <br />Subdivision 5 (B) to permit the construction of a deck which <br />encroaches past the average lakeshore setback line where no <br />encroachment is allowed, such deck being 8.5' from the side lot <br />line where a 10' side setback is normally required, and such deck <br />constituting hardcover in excess of the 25% hardcover normally <br />allowed in the 75-250' zone, subject to the following conditions; <br />Page 2 of 4