02-27-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 6613 ii. The plight of the landowner is due to circumstances unique to his property not created by the landowner." iii. The variance, if granted, will not alter the essential character of the locality." The property owner is proposing to use the property in a reasonable manner but the specific location and size aspects of the request are not permitted by the Zoning Code. The plight of the property owner with respect to the average setback variance is due to the existing location of the adjacent principal structure on the lot to the immediate north, which is located further from the lake than the minimum 75 foot setback; applicants' property does not extend landward far enough to meet the average setback. This circumstance is inherent to the lot and was not created by the landowner. The hardcover variance request is a function of the substandard lot size and the applicants' desired house size and driveway layout; additionally, the added hardcover for driveway and off-street parking is necessitated by the lack of on -street parking within a reasonable walking distance from the residence. The lot was created prior to current zoning standards and the substandard lot area was not created by the property owner. The character of the neighborhood is not likely to be significantly altered by replacement of the existing residence in the manner proposed B4. "Economic considerations alone do not constitute practical difficulties" Economic considerations have not been a factor in the variance approval determination. B5. "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. B6. "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 residence is an allowed use in the LR -_1B District. B7. "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 applicably B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The average setback that applies to this property is unique and unusually lengthy due to the location of the home on the adjacent property to the north. The 25% hardcover limitation applies to all Tier 1 residential properties located at the lakeshore and is not peculiar to this property. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." . The standards applicable to this property apply to all other property in Page 4 of 7