07-09-2018 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 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 owner proposes to install Improvements which are residential in nature and reasonable from a residential scope. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. 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 locality. This condition 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." This condition is not applicable, as the use for a residential cabin is an allowed use in the RS District. This criterion is met. 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 is an existing lot of record and contains a large number of mature trees for screening. The topography of the property 3