Agenda Packet Cc - regular meeting 1/11/1988

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City of ORO? O RESOLUTION OF THE CITY COUNCIL NO. ------ 6. 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 variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other dangei to neighboring property; would not merely serve as a convenience to the alplicant, 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. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances per Municipal Zcning Code Section 10.22, Subdivision 1 (A) and Section 10.55, Subdivision 8 to permit the installation of a 3� foot high fence totally located within 75 feet of the lakeshore per survey dated 10/13/70 by Gordon R. Coffin and within 26 feet of a designated wetlands per City of Orono's Designated Wetlands Map of the North 1/2 of Section 17 and to waive the requirement that applicants install a turnaround on the property, subject to the following conditions: 1. A 3� foot high fence may be installed along the street lot line of the property, a building permit must be obtained from the City of Orono prior to said installation. A gate may be installed adjacent to street yard area used for exterior storage such storage shall be subject to standards of Section 10.60 Subdivision 13. 2. No plantings to exceed a height of 3� feet at maturity shall be planted within an area bounded by the driveway to the south and northeast 35 feet along the street line as described in Exhibit N of the November 9, 1987 Council packets in exchange for waiving the condition that would have required a turnaround on the property. 3. The panel sections of the existing privacy fence must be rerroved by January 15, 1988 and the post/footings locatAd within the road right-of-way of FagernesG Point Road shall be removed and conforming posts reduced to 3 1/2 feet by May 1, 1988. 4. Authorities grantee with this resolution rur with the property not with the applicants, but arms permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (January 1 1 , 1989). 5. Violation of or non-compliance with any of the t3rms and conditions of this resolution shall constitute a violation of the zoning cone, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. Page 3 of 5