04-09-2018 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. The owner has proposed a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner and c. The variance, if granted, will not alter the essential character of the locality. " The variance to permit structure within the 75 -foot setback will help to maintain the existing slope and character of the area. G E=conomic considerations alone do not constit::te practical diEic'lties.❑ Economic considerations have not been a factor in the variance approval determination. 5. [EIractical di-cElties also incll❑de b❑t are not limited to inade❑-ate access to direct sF-:ilight [or solar energy systems. Variances shall be granted [dr earthlheltered constr-ction as deddhed in Minn. Stat. ❑ E16C.06, std. q ❑hen in harmony ❑ith Orono City Code Chapter 18.CThis condition is not applicable. 6. the board or the coCncil may not permit as a Eariance any Else that is not permitted Ender Orono City Code Chapter E8 ®r property in the -one Ehere the aEocted persons land is located.❑This condition is not applicable, as the use for a single family home with stairs for lake access is an allowed use in the LR -113 District. ITIhe board or co ncil may permit as a Fariance the temporary Fse of -a one ilamily d - telling as a t❑oF:amily d❑elling.-This condition is not applicable. 8. Ei0he special conditions applying to the strE dEre or land in EEestion are pecdiar to s❑ch property or immediately ad:oining property.❑The slope of the property combined with the pre-existing improvements is a unique condition to the subject property. L I111he conditions do not apply generally to other land or strEct❑res in the district in ❑hich the land is located.�:The subject property's specific slope is beginning to erode and stairs have become unsafe, creating conditions which do not apply to adjacent properties. 10. T=he granting o❑the application is necessary =cr the preserCation and en,-Oyment o❑a s-bstantial property right oCthe applicant. ❑Granting a lake setback variance to allow the retaining walls within the 75 -foot lake setback is reasonable and necessary to preserve the property rights of the owner and supported by the vulnerable lake yard slope on the property. 11. C1he granting o❑the proposed 18riance ❑ill not in any Cay impair health, salety, com-ort or morals, or in any other respect be contrary to the intent o❑this chapter. ❑Granting the