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City of ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />6. The City Council finds Mat the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />.pzoperty in this zoning district; that granting the variance would <br />.._. ..._.110t adversely affect traffic conditions, light, air nor pose a <br />fire hazard or other danger to neighboring property; would not <br />merely serve as a convenience to the applicant, but is necessary to <br />alleviate a demonstrable hardship or difficulty; is necessary to <br />preserve a substantial property right of the applicant; and would <br />be in keeping with the spirit and intent of the Zoning Code and <br />Comprehensive Plan of the City. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to the Municipal Zoning Code Section 10.22, <br />Subdivision 1 and Section 10.55, Subdivision 8, to allow the <br />construction of a new home located partially within the 0-75' <br />lakeshore setback area where no structures are normally allowed, and <br />grants a variance to Section 10.22, Subdivision 2 to allow a total of <br />2,960 square feet of hardcover (or 1--.88) in the 0-75' setback zone at <br />the building site where no hardcover is allowed, and to allow 3,380 <br />square feet of hardcover (or 30%) in the 75-250' lakeshore setback zone <br />at the building site, where only 25% hardcover is normally allowed, and <br />grants a variance to Section 10.22, Subdivision 1, to allow <br />encroachment on the average lakeshore setback from the lagoon (or <br />north) side of the building site, subject to the following conditions: <br />1. All drainage from the proposed house mlist be directed toward <br />the lagoon to gain the maximum possible infiltration time <br />and distance. <br />2. A site grading plan must be submitted for staff approval prior <br />to issuance of a building permit. <br />3. Applicant is placed on notice that future additions of <br />hardcover at the building site will not automatically be <br />approved and would likely be subject to removal of equivalent <br />amounts of existing hardcover. <br />4. Lowest floor elevation must be 932.5 MSL or higher. <br />5. Authorities granted by this variance run with the property not <br />with the applicant, but are permissive only and must be <br />exercised by application for a building permit within o..e year <br />of the date of Council approval, or this variance will expire <br />on that date (August 26, 1985). <br />6. Violation of or non-compliance with any of the ter—, and <br />conditions of this variance shall constitute a violation of <br />the zoning code, shall automatically terminate anyauthority <br />granted herein, and shall be punishable as a misdemeanc-. <br />Page 3 of 5 <br />