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• d C�t� o� ORONO � RESOLUTION OF THE CITY COUNCIL � NO. 1909 • - • • E) Excess in hardcover on the property is located in setback zone furthest away from lakeshore. 4. 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 variance on the health, safety and welfare of the community. " 5. 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 substantial property right of the appli- • cant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon the above findings, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.24, Subdivision 5 (B) and 10.22, Subdivision 2 to permit the construction of a princi- pal structure on a lot that contains 26, 800 s.f. instead of the re- quired 43,560 s.f. in area, located 10 feet from the side/street lot line instead of the required 35 foot setback, and to approve an excess of 8� in hardcover allowing a total of 38� hardcover over the allowed level of 30$ within the 250-500' setback area. � l. Applicant is placed on notice that additional hardcover within the 75-250' setback area will not be approved based on the 8� excess approved within the 250-500' setback area. 2. Applicant is hereby advised that a future Council may not approve setback or hardcover variances in consideration of the total hardcover and current approved location of house on property. 3. Authorities granted by these variances 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 Counci 1 approva l, or thi s variance wi 1 1 expire on that date (January 13, 1987). Page 2 of 4