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04-09-2018 Council Packet
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04-09-2018 Council Packet
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />3. [Variances may be granted I❑hen the applicant For the i_ ariance establishes that there are <br />practical di II :1ties in complying ❑ith the -oning ordinance. -i ractical diUc7ties,Cas Fsed in <br />connection ❑ith the granting oEo ariance, means that❑ <br />a. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br />The property owner is proposing to use the property in a reasonable manner <br />by replacing the existing residence with a new home which has less <br />hardcover then existing and the new home will be moved farther from the <br />lake compared to the existing home meeting the average lakeshore setback; <br />the size and width of the lot is below the minimum lot size standards of the <br />Zoning Code. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The plight of the property owner is due to the existing substandard lot size <br />and shape, and its proximity to the lake. ❑Ind <br />c. The variance, if granted, will not alter the essential character of the locality. " <br />The character of the neighborhood is not likely to be significantly altered <br />from replacement of the residence which is consistent in character and size <br />with the surrounding homes. <br />❑. economic considerations alone do not constitile practical di[kE]ties.0 Economic <br />considerations have not been a factor in the variance approval determination. <br />5. Ialractical diEcdties also incl❑de bEt are not limited to inadeMate access to direct sAlight <br />for solar energy systems. Variances shall be granted or earft Sheltered constriction as <br />defined in Minn. Stat. 116C.06, sFbd. l ❑hen in harmony lith Orono City Code Chapter <br />CB.EThis condition is not applicable. <br />6. the board or the colincil may not permit as a :ariance any Else that is not permitted Ender <br />Orono City Code Chapter E8 [-or property in the Cone 1 -here the aLlocted persons land is <br />located.❑This condition is not applicable, as the use for a single family home is an <br />allowed use in the LR -1C District. <br />L LEhe board or coEncil may permit as a Eariance the temporary Ese oCa oneC:amily d-]elling <br />as a t❑oEamily d❑elling.-This condition is not applicable. <br />8. Ohe special conditions applying to the str❑ctEre or land in ❑Cestion are pecdiar to sich <br />property or immediately adoining property.❑The size and grading of the lot as well as <br />its orientation along the curve of the lake and Casco Point Road creates a unique <br />circumstance which is peculiar to the Property. <br />E Ei7-he conditions do not apply generally to other land or strCct!-i-es in the district in ❑hich the <br />land is located. -]The size and grading of the lot as well as its orientation along the <br />curve of the lake and Casco Point Road creates a unique circumstance which is <br />peculiar to the Property. <br />10. C -the granting o❑ the application is necessary !-or the preserEstion and en'oyment o'Da <br />s-bstantial property right of he applicant.❑Staff finds this condition to be true. <br />
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