05-13-1985 Council Packet - Laserfiche WebLink

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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. Condition 4 of Resolution 41341 stated in part that "All proposed structures and additional improv.ements must meet the 75' setback from the la'eshore." 3. The concrete patios are considered structures and were installed without a permit being issued in violation of the lakeshore setback and hardcover zoning code requirements, which allow 0% hardcover and no improvements in the 0-75' lakeshore setback zone. 4. Applicant has not demonstrated that a substantial hard- ship exists. 5. Construction of an 8' fence as proposed would be detri- mental to the neighborhood and would decrease the lake views for the neighboring residences on Eastlake Street. 6. The granting of the required variances would result in the following violations of Section 10.08, Subdivision 3 (A) of the Zoning Code with which the applicant must first comply before the requested variances can be granted: a) In review of the factual findings noted above, the plight of this applicant was created by his own actions and has nothing to do with a unique hardship related to the land. b) There are no special conditions applying to the land in question which are peculiar to the land or immediately adjoining property. c) The granting of the application is not necessary for the preservation and enjoyment of a substantial property right of the applicant. d) The granting of the variances would be contrary to the intent of the Zoning Code and Comprehensive Plan. e) The granting of the variances will serve mainly as a convenience to the appxicant, and is not necessary to alleviate demonstrable hardship or difficulty. 7. The applicant has not introduced any evidence contrary to any of the above findings of fact. 8. The applicant has proposed an alternative to the con- crete patios, which alternative consists of the use of portable, wooden, spaced platform sections lying on a sand bed. These platform sections are not considered hardcover or structure when used under the following conditions: