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� � C�it� .o� ORONO • � �� RESOLUTION OF THE CITY COUNCIL� • � NO. I ' • - • • . 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 merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantialproperty right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. , CONCLIISIONSp ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants a variance to the Municipal Zoning Code Section 10.22, Subdivision 1 and Section 10.55, Subdivision 8, to allow the , construction of a new home located partially within the 0-75 ' lakeshore setback area where no structures are normally allowed, and � grants a variance to Section 10.22, Subdivision 2 to allow a total of 2, 960 square feet of hardcover (or 15.8� ) in the 0-75 ' setback zone at • the building site where no hardcover is allowed, and to allow 3,380 square feet of hardcover (or 30� ) in the 75-250 ' lakeshore setback zone at the building site, where only 25� hardcover is normally allowed, and grants a variance to Section 10.22, Subdivision l, to allow encroachment on the average lakeshore setback from the lagoon (or north) side of the building site, subject to the following conditions: � l. All drainage from the proposed house must be directed toward the lagoon to gain the maximum possible infiltration time • and distance. 2. A site grading plan must be submitted for staff approval prior ' to issuance of a building permit. 3. Applicant is placed on notice that future additions of hardcover at the building site will not automatically be approved and would 'likely be subject to removal of equivalent � amounts of existing hardcover. 4. Lowest floor elevation must be 932 .5 MSL or higher. 5. Authoritiesgranted by thisvariance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (August 26, 1986 ) . • 6. Violation of or non-compliance with any of the terms and conditions of this variance shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. --_ - Page 3 of 5 _.. _ -- _ � _ . ---- - -- --- - ------ - -- �