01-09-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. c. The variance, if granted, will not alter the essential character of the locality. " The Property across the channel is vacant and owned by Hennepin County. The proposed home and garage will likely not result in a negative impact on the character of the neighborhood. The Property is not apparently visible from Shadywood Road, and the existing tree and fenceline along the channel provide screening. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been requested. 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 criterion 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 proposed use is residential therefore conforms to the permitted uses of the 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 criterion 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 home and garage must be elevated out of the area of 1 % annual chance of flooding. Orono Code requires the elevated fill extend at least 15 feet from the structure's perimeter; due to the effective width of the Property the 15 -foot fill extension is not feasible. The resulting plan is not out of conformance with the general neighborhood and will not result in a negative impact to the adjacent properties. The setbacks proposed for the detached garage will not result in a negative impact to adjacent properties. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property is unique in that there are lakeshore setbacks on two sides, and it is situated below Shadywood Road. Additionally, the proposed home and garage are located partially within the area of 1 % annual chance of flooding. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." This criterion is met.