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� � �i ' � . � . _= {��5 :, c�t o� oR,oNo �� ,T��; � • H�"* T? `° RESOLUTION OF THE CITY COUNCI L �?7�'` �t. NO. 2059 l!l,�'��': � . • • City Council has considered this application including th��- ndings 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 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 keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLIISIONS, 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 2 and 10.24, Subdivision 5 (B) to permit the construction , of a room addition 7.7 feet from the side lot line where a 10 foot setback is normally required, and to permit hardcover in the amount of 3,700 s.f. (or 31.06�) in the 250-500' lakeshore setback zone, subject to the fol lowing conditions: 1. Applicant must remove an equivalent amount of existing hard- cover (remove plastic �from all landscape rock beds on the property) to maintain hardcover at the existing 31.06� (3,700 s.f.) level. Applicant is advised that any future proposals to increase hardcover on the property will not be approved, but � might be approved only with concurrent removals of existing hardcover, resulting in no net increase in hardcover. 2. Applicant shall redirect drainage from garage area so it will decrease the effect on the neighboring residence to the north. : 3. Authorities granted by this variance 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 (October 13, 1987). 4. Violation of or non-compliance with any of the terms and . conditions of this variance shall cons�titute a violation of the zoning code, shall automatically terminate any authority granted • herein, and shall be punishable as a misdemeanor. Page 2 of 4