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- �- . . . � . . � • _ . . . . - clt� o� oR,oNo • RESOLUTION OF THE CITY COUNCIL � NO. 2295 � ' • - • • There is no hardcover within the 0-75' setback area and there exists only 9.2$ within the 250' to 500' zone where 30�� is allowed. E) The applicant has proposed the removal of 1,450 s.f. or 4$ of existing structural and non-structural improvements. F) If the area of the 33 feet within the public right-of-way along the east side of the property was included in the area calculation for the property, hardcover excess would be minimal. 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 variances on the health, safety and weYfare 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 variances 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 applicant; and would be in keepin�g with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCI�IISIONS, ORDER APiD CONAITIOATS Based upon one or more of the findings noted above, the Orono City Council hereby grants a variance per Municipal Zoning Code Section 10.23, Subdivision 6 (B) to permit the construction of an attached garage located 30 feet from the side lot line instead of the required 50 feet and per Section 10.22, Subdivision 2 to permit new structural and non- structural improvements on the property requiring a total hardcover variance of 3,770 s.f. or 10.2$ where only 9,225 s.f. or a total of 25� is allowed. 1. The applicant is hereby advised that any future improvements of the property that wil 1 result in increases in hardcover within the 75', to 250' setback area may necessitate the removal of equal or greater amounts of existing hardcover. 2. Authorities granted with this resolution run with the property not with the applicants, 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 wil 1 expire on that date (November • 9, 1988 ). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shal 1 be punishable as a misdemeanor. Paqe 2 of 4