03-30-1987 Council Packet - Laserfiche WebLink

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City of ORONO RESOLUTION OF THE CITY COUNCIL ^= � NO. Approval of the variance to allow hardcover in the 75- 250' setback zone in an amount of 28% in order that applicant may construct the driveway and backup apron as proposed near the garage, finding that it would be functionally and aesthetically inappropriate to require that the backup apron be located in the 250-500' setback zone, over 70' from the garage area. C) Denial of the variance for encroachment into the average setback zone, finding that no hardship exists and that this is new construction with the ability to meet all setba,.k requirements. 4. The City Council finds that the proposed encroachment into the average lakeshore setback will have less of a visual impact on the lakeshore views of the neighboring property to the east than if the house was located in the most northeasterly corner of the legal building envelope, hence a denial of the requested variance could potentially have a more detzimental effect on the neighboring property than approval of the variance. The intent of Section 10.22, Subdivision 1 will be better served by granting the requested average lakeshore setback variance. 5. The C'_ty Counc' 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 and welfare of the community. 6. The City Council 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 mer.ly serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is ne- ssary to 1reserve a substantial property right of the al cant; ar.1 wo,.,Id be in keeping with the spirit and intent of t1. .ing Ccde rnd rompro hcnsivp 111:.n cf the City. CONCLUSIONS, ORDP.R AND CONDITIONS Posed upon the above findings, the Orono City Council hereby grants a variance to the Municipal zoning Code Section 10.241 Subdivision 5 to permit the construction of a tingle family residence on a lot 100' in width where 140' of width is normally required; and grants a variance to Section 10.22, Subdivision 1 to construct said residence in a location such that it will encroach S' into the average lakeshore setback zone where no encroachment is normally allowed; and a variance to Section 10.22, SuWivisiv.. ' to allow hardcover of 28% in the 75-250' lakeshore setback one where rely 251 hardcover is normally allowed, subject to the followinq conditions; Page 2 of 5