1987-06-22 Resolution 2204 - Laserfiche WebLink

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city of OR,ONO RESOLUTION OF THE CITY COUNCIL Q NO. 2204 0) The Orono ordinance governing set back of accessory structures from the "front yard" is geared to the normal positioning of a house to the street, i.e. the house normally faces the street and is located a very short distance from the street. The ordinance is intended to help preserve the character of the neighborhood as to not allow accessory structures such as garages, sheds, etc. in the "front yard" which can have a detrimental visual impact to the neighborhood. Here, the property is approximately 13.5 acres with the residence overlooking a small pond. The residence has its back to Fox Street (a full 400 feet from the street), and is barely visible from Fox Street. Clearly, this situation does not fall within the original and normal intent of the ordinance and definition of "front yard". The caretaker house and the tennis structure would be set back 125 and 150 feet, respectively, from Fox Street. There would be no detrimental visual impact on the neighborhood by allowing a variance from the "front yard" ordinance. Land- scaping which would shield the structure from Fox Street has been incorporated into the design. E) Because of the size of the property and the landscaping design, the essential character of the neighborhood will not be altered by allowing the variances. 7. The proposed caretaker residence meets all performance standards of Section 10.20, Subdivision 3 (G). S. 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 variances on the health, safety and welfare of the community. 9. The City Council finds that the conditions existing on this pro- perty are peculiar to it and do not apply generally to other property in this zoning district; that granting the variances would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring properties; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demon- strable hardship or difficulty; is necessary to preserve 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. 10. The City Council finds that granting a conditional use permit to allow the guest house use for a caretaker residence will not be detrimental 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 properties, nor will it depreciate surrounding property values and that the proposed level of use of the property will be in 3-eeping with the intent and objectives of the Zoning Code and Comprehensive Plan of the City. Page 3 of 7