#6711-variances-2016 - Laserfiche WebLink

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I CITY OF ORONO RESOLUTION OF THE CITY COUNCIL d� ti NO. 67 1 pig jgkBSHa4`ti G 3. "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: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of portions of the proposed home within the 50 foot side street and front setback areas appears to be reasonable as the adjacent properties do not appear to be adversely impacted;the encroachment on the north (undeveloped Brook Street)will afford a greater setback and open space from the neighboring home on the south. There is no neighboring home on the north. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub-standard size of the Property was not the result of actions by the landowner. The neighboring homes are separated sufficiently to allow for light, air, and open space between the homes. c. The variance, if granted, will not alter the essential character of the locality." The proposed home will not alter the character of the neighborhood. The structures on adjacent lots are set back similarly from Tonka Avenue. 4. "Economic considerations alone do not constitute practical difficulties." The Applicant has not requested consideration based on economic difficulties. 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."A residential home is a permitted use. This criterion is met. 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 nonconforming lot area and lot width of the 3