04-08-2019 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 building within the side yard setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the homes’ orientations and locations separate the building from the adjacent neighbors. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the existing garage to be replaced, width of the lot, access to the proposed garage, the orientation and location of the neighboring homes, and the existing topography are conditions not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality.” It does not appear that the requested setback variance for the detached garage will adversely impact the adjacent property owners or alter the character of the locality. 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 the use for a detached garage is an allowed use in the LR-1B 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.