04-22-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ Page 4 of 5 to the mass of building hardcover will alter the character of the locality. This criterion is not met. 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.” The use for a residence building 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. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” There are no special conditions peculiar to the property that justify expansion of a nonconforming building to within one foot of the rear property line. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The location of the existing home on the Property 8.2 feet from the rear lot line is an existing condition unique to a small number of properties in the City. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Substantial property right is realized by the principal structure. Expansion of an existing non-conforming structure is not a right. Regarding the variance to expand the building footprint, this criterion is not met. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested variance will not adversely impact health, safety, comfort, or morals; however, the expansion of the nonconforming building is contrary to the goals of the code in relation to massing and property maintenance and drainage standards. With regard to the setback variances for the building footprint expansion, this criterion has not been met.