04-08-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variances to develop a nonconforming lot of record are consistent with the comprehensive plan. 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 home on the substandard lot, in the proposed location within the lake and average lakeshore setbacks, appears to be somewhat reasonable as the Applicants are proposing to build within the existing lakeside footprint, the Property’s nonconforming size, and the neighboring homes’ orientation with respect to the lakeshore, and adjacent properties creates difficulties. The hardcover level, and building encroachments proposed within the lake yard and average lakeshore setback do not exceed existing setbacks and do not appear to be unreasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The nonconforming lot size, the existing home’s location with respect to the lake and the neighboring home locations prevent a residential footprint consistent with the neighborhood. The proposed overall hardcover level is conforming. The circumstances are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality.” The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. 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.