03-11-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 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 residence 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.” The Property’s substandard size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties create difficulties which also apply to many of the properties in the same neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s substandard size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties create difficulties which also apply to many of the properties in the same neighborhood. However the past grade manipulation of the installation of retaining walls is unique to this Property. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting lot area, lot width, rear yard and lake setback variances are necessary for the preservation of the property right of the Applicants. The hardcover, driveway width, and proposed building height variances are also necessary to the preservation of this same property right. 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 hardcover, driveway width, height, lot area, lot width, rear yard and lake setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances for lot width, lot area, and lakeshore setback are necessary, and do not merely serve as a convenience to the