#6694-variances-2016 - Laserfiche WebLink

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��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� �� rro. �6� � `;' `'� �'�k@S H 0�� B3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance,means that: i. The property owner in question proposes to use the property in a reasonable manner, however,the proposed use is not pernutted by the official controls." ii. The plight of the landowner is due to circumstances unique to his property not created by the landowner." iii. The variance, if granted,will not alter the essential character of the locality." The property owners are proposing to use the property in a reasonable manner by constructing a modest size single family home with a minimally sized 2-stall garage,but the specific size and massing aspects of the request are not permitted by the Zoning Code. With respect to lot area and width, the substandard lot in single separate ownership is a circumstance inherent to the lot and not created by the landowner. The lot is one of the smallest lakeshore lots in the neighborhood, due to the curvature of the lakeshore and the relatively straight nature of Shadywood Road. A smaller home meeting the lot coverage and hardcover standards could be designed for the property but would be somewhat out of character with the surrounding neighborhood. The character of the neighborhood is not likely to be significantly altered by construction of the proposed home. Structural lot coverage for homes in the immediate neighborhood ranges from approzimately 14% to 28%,with a median and average of approzimately 20%. There is a relatively equal split between the number of homes with attached garages and those with detached garages near the road. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. The design of the proposed home is related to the need for functionaGty for the homeowner including storage of vehicles and equipment, as well as providing for reasonably sized living spaces. B5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances sha11 be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in hannony with Orono City Code Chapter 78." This condition is not applicable. B6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a single family residence is an allowed use in the RR-1B District. 4