02-11-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 The applicant has stated the proposed location would be placed behind existing mature trees and outside of existing challenging topography limiting the need to excessive grading. The property is located at the end of a dead- end road limiting its visibility in the neighborhood. 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 single family home with a detached garage is an allowed use in the RR-1A 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 has some unique topography with the grading sloping down along the East side of the parcel limiting some of the buildable footprint forward of the principal structure. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The topography is unique to this lot within the neighborhood, dropping off sharply to the east and the south. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The applicant has stated this to be true by allowing the property owners to maintain the appearance of the property. 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.” The property owners believe that granting the proposed variance will not in any way impair the health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The property owners believe the granting of the variance