#6646-variances-2016 - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6 6 4 6 b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the home and the site configuration was not created by the Owners, the elevation of the pool area in relation to the surface of Long Lake greatly impedes visual impact of the pool to the lake. c. The variance, if granted, will not alter the essential character of the locality." The visual impacts of the pool will be minimal from the lake due to the topography as well as from adjacent properties due to the physical distance separation. The pool location will not alter the character of the neighborhood. 4. "Economic considerations alone do not constitute practical difficulties." The Applicants have not requested consideration for economic reasons. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This criterion is not applicable. 6. "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." Construction of a swimming pool on the Property in a residential zone is consistent with the Zoning Code and the Comprehensive Plan. 7. "The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling." This criterion is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The size and shape of the property is similar to a number of the immediate properties along Spring Hill Road within the LR -1A district. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The home is located within the 100 foot structural setback from the OHWL and is on the top of a bluff. Most of the neighboring homes, with the exception of the property to the east, have homes which meet the 100 -foot setback. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant" The pool is a traditional accessory structure in