09-23-1985 Council Packet - Laserfiche WebLink

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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health. safety an4 welfare of the community. 5. The City Counci 1 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 variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrably hardship or difficulty; is necessary to pre- serve 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 COjJDITIONS Based upon the abovc. findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 2 to permit the construction of a 1585 square foot addition to the existing homes, along with the concurrent removal of 1635 square feet of existing hardcover within the 75- 250' setback area, for a net reduction of 50 square feet of hardcover or a reduction in the 75-250' setback zone from 39.1% to 38.8%, subject to the following conditions: 1. Applicant shall remove the 1635 square feet of existing driveway and planting bed prior to issuance of a Certificate of Occupancy for the addition. 2. The maximum allowed hardcover for this property is 7,087 square feet or 38-6% and the applicant is advised that this exceeds the normal allowance of 25% in the 75-250' setback zone. Applicant is further advisedthat future additions of hardcover may be approved only with further concurrent removals of existing hardcover. 3. Authorities granted by this variance run with the property not wi-h the appii.cant, but are permissive only and must be exerci-ed by application for a building permit within one year of the date of Ccuncil approval, or this variance will expire on that date (September 23, 1986). 3. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, nhaii automatical ly ter;-ninate any authority granted herein, and shai l be punishable as a misdemeanor. Page 2 of 4