06-11-2018 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit construction of the home on the substandard lot, in the proposed location within the rear yard setback seems reasonable as the property is steepness and to protect the 75 foot lakeyard setback. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub -standard size of the Property was not the result of actions by the landowner. The location of the home with attached garage on the Property, the steepness of the lot, the curve of the shoreline, the narrowness and shallow depth of the buildable area of the property create difficulties for developing the Property c. The variance, if granted, will not alter the essential character of the locality. " The lot area and width variances will not alter the character of the neighborhood. It does not appear that the setback variances to permit the new home will adversely impact the adjacent property owners. The neighboring parcel has a home much closer to the road than it proposed. 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 is an allowed use in the LR -1A District