05-13-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 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 the additions to the home on the substandard lot, in the proposed location within the front and side yard setbacks, appears to be somewhat reasonable as the Property’s reduced size and width create difficulties. The hardcover level, building coverage, and encroachments proposed within the required yards in addition to the driveway setback appear to be reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property’s uniquely small size and width, and required setbacks prevent a reasonable residential footprint. c. The variance, if granted, will not alter the essential character of the locality.” The proposed footprint is smaller than the permitted 2,000 square feet. The other properties in the neighborhood have similar setback challenges, the Property will not be out of character with the neighborhood. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. 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 condition 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.” This condition is not applicable, as a residential home is an allowed use in the LR-1C District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable.