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Resolution 6966
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Resolution 6966
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5/7/2019 11:01:31 AM
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4/23/2019 2:44:02 PM
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\Property Files\Street Address\P\Pheasant Rd\2799 Pheasant Rd - 21-117-23-32-0003
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�ONp CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 6966 <br /> G <br /> `gkFSHo�� <br /> 4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br /> 78."This condition is not applicable. <br /> 6. "The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located." This condition is not applicable, as the use for a residential home is an allowed <br /> use in the LR-1 B District. <br /> 7. "The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling."This condition is not applicable. <br /> 8. "The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property." The Property's substandard size and <br /> orientation with respect to the lakeshore, and the setback from the lake of the adjacent <br /> homes creates difficulties for the Applicants in redeveloping the Property consistent with <br /> the homes in their neighborhood. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The Property's nonconforming size and the relationship between the <br /> existing home and the setback of the adjacent properties create difficulties for the <br /> Applicants. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Granting lot area, lot width, hardcover, average <br /> lakeshore and lake setback variances are necessary for the preservation of the property <br /> right of the Applicants. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting the <br /> requested hardcover, lot area, lot width, average lakeshore setback and lake setback <br /> variances in this unique situation is not contrary to the intent of the zoning chapter <br /> 12. "The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty."The requested variances for lot width, lot <br /> area, and setback are necessary, and do not merely serve as a convenience to the <br /> Applicants. <br /> 4 <br />
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