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05-13-2019 Council Packet
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05-13-2019 Council Packet
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5/22/2019 10:18:28 AM
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O)\/- <br />0p <br />1L <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />y NO. 6833 <br />e G, <br />kESHO <br />tree stands, proposed landscape plan and curved shoreline create separation of <br />the Property from the adjacent neighbors. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The presence of the 1% annual chance floodplain on the Property creates <br />increased difficulties in locating a conforming building location. The new house will <br />be properly elevated out of the floodplain. The sub-standard size of the Property <br />was not the result of actions by the landowner. The neighboring homes are <br />oriented toward the lake away from the Property. <br />c. The variance, if granted, will not alter the essential character of the locality." <br />The lot area and width variances will not alter the character of the neighborhood; <br />a home previously existed on the Property. It does not appear that the requested <br />variance to permit portions of the new home and terraces lakeward of the average <br />lakeshore setback will adversely impact views of the lake currently enjoyed by the <br />adjacent property owners. The lake setback and hardcover variances are <br />reasonable and necessary as the highest points of the Property for construction of <br />the home above the 1% annual chance floodplain are located toward the lake. The <br />hardcover is mitigated by the proposed landscape plan for the Property. <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 residence is an allowed use in <br />the LR-1A 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 substandard lot width and area of the <br />4
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