11-25-1985 Council Packet - Laserfiche WebLink

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City of ORONO RESOLUTION OF THE CITY COUNCIL NO. 17. The City Council finds that granting a conditional use permit and variance for an accessory structure to allow a privacy fence 2 inches in excess of the code at the existing location would not be detrfinentai to the health, safety or general welfare of the public, would not adversely affect light air nor pose a fire hazard or other danger to neighboring propertiPo, nor will it depreciate surroundinq property values and that the proposed level of use of the property will be in keeping with the intent and objectives of the Zoning Code a►._. Comprehensive Plan of the City. FURTHERMORE, BE IT RESOLVED that the Council hereby denies the inter -the -fact variances sought by applicant and ap- proves a cond:_r.ional use permit per Municipal Zoning Code Section 10.03, Subdivision 5 and a variance per Section 10.03, Sub- division 9 (A) to permit an accessory structure, 2 inches in excess of the code, at the present location on a propery that cannot sustain a principal structure subject to the following conditions: 1. Existing fence to be altered so that structure does not exceed 2 inches over the code requirement measured from existing grade at the existing fence location. '. Per Section 10.03, Subdivision 16 the structure shall not exceed 3 feet or 36 inches for a distance of 30 feet measured from the intersection of Shoreline Drive and the public access. 3. The applicant must complete the required alteration of the existing privacy fence by November 22, 1985. 4. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the Zoning Code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 5. The undersigned applicant shall indemnify and hold harm- less the City, the City Council, and the agents and employees of the City from and against all c.laim4, damages, losses or expenses, including attorney fees, which the City, City Council. and agents and employees of the City may suffer or for which it may he held liable, arising out of or re- sulting from the assertion against them of any c.la4ms, debts or obligations in consequence of his performan with the privacy fence 2 inches in excess of the code locat-A at the edge of the 40 foot wide access of County Road 15. Page 5 of 7