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A) This lot was created and approved as a buildable lot by the <br />City Coun^i 1 in 1971, in effect granting a variance to the 1 acre <br />zoning cone in effect at that time. That variance is deemed to <br />have expired as of the January 1, 1975 zoning code, necessitating <br />granting of a renewal variance at the present. <br />B) The lot area and width is consistent with existing developed <br />lots in the immediate neighborhood, and is not inconsistent with <br />other lots currently developed within the LR 1B zor'ng district. <br />C) The lot has remained as a separate tax parce since it was <br />created. <br />D) Sewer is available to the property. However, the sewer unit <br />assessment has never been paid. <br />E) The property bar legal access to County Road 151 (North Arm <br />Drive) and potential secondary access over vacated and unvacated <br />portions of Cherry Place. <br />4. A rear lot line setback minimum of 50' rather than 30', for the <br />principal residence would ensure an adequate degree of setback <br />consistency wi+h other existing houses in the immediate neighborhood. <br />S. The City Council has considered this application including the <br />fin..ings and recommendations of the Planning Commission, reports by <br />City staff, comments by the applicant and t! a effect of the proposed <br />vartance on the health, safety and welfare of the community. <br />..he City Council finds that the conditions existing on this <br />property are peculiar to it and do not apply generally to other <br />property in this zoning district; that granting the variance would not <br />adversely affect ttaff - conditions, light, air nor pose a fire hazard <br />or other danger to neighboring property; would not merely serve as a <br />convenience to the applicant, but is necessary to alleviate a demon- <br />strable hardship or difficulty; is necessary to preserve a substantial <br />rroperty right of the applicant; and would be in keeping with the <br />spirit and intent of the Zoning Code and Comprehensive Plan of the <br />City. <br />CONCLUSIONS, OW AM CONDITIONS <br />Based upon the above findings, the Orono City Council hereby <br />grants a variance to the Municipal Zoning Code Section 10.24, Subdivision 5 <br />(B) to permit the construction of a residence on a property containing 0.64 <br />acre area and 125 foot width where 1.0 acre area and 140 foot width are <br />normally required, subject to the following conditions: <br />1. A sewer unit assessment of $1,270.00, standard $225.00 Sewer Trunk <br />Unit Charge, and $390.00 Park Fee shall be collected at the time a <br />building permit is issued for this property. <br />Page 2 of 4 <br />