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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <br />topography, the bluff setback, and vehicle access resulting in the substandard rear <br />yard setback of the home <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The rear yard setback variance will not alter the character of the neighborhood. <br />The home is situated at a lower elevation than the road; it does not appear that the <br />requested setback variance to permit the addition will be visible from North Shore <br />Drive, impact drainage, or adversely impact the adjacent property owners. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <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 /> <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 residential home is an allowed use in the <br />LR-1B District. <br /> <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 /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The nonconforming lot area and substandard <br />lot width of the Property is not uncommon in the surrounding neighborhood, nor is the bluff <br />topography. The setback into the required rear yard is not out of character with the <br />immediate neighborhood. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The majority of the homes along this shoreline are set back closer to <br />North Shore Drive based on the topography and are generally in line with each other. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” Granting the rear yard setback variance is <br />necessary for the preservation of the property right of the Applicant. <br /> <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