10-22-2018 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 of a nonconforming boathouse within the 75-foot lake setback. The Owner has the right to reconstruct the boathouse in-kind. Regarding the setback variances, this criterion is not met. The lake access stair is permitted hardcover within the 75-foot setback; the proposed reorientation resulting in a reduction of hardcover is reasonable. Regarding the hardcover variance, this criterion is met. c. The variance, if granted, will not alter the essential character of the locality.” The requested variances may not result in the Property being out of character with the neighborhood; will not expand the footprint of the boathouse; or result in additional encroachment into the setbacks toward the lake. The stair reorientation resulting in a reduction of hardcover will not alter the character of the locality. This criterion is 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 residential accessory structure 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. 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 boathouse in the 75-foot lake setback. The reduction of hardcover within 75-feet of the OHWL is a special condition peculiar to the property that justifies granting a variance for hardcover within 75-feet of the OHWL. 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 boathouse accessory building is an existing condition unique to a small number of properties in the City, but could be applied to all other boat