02-27-2017 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 an addition to the home, within the 100 foot front setback area appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from both roadways as well as adjacent neighbors. The setback encroachment will not create an unreasonable perception of additional massing. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location, size, and orientation of the home on the Property were not the result of actions by the Applicant. The neighboring home to the east is set back sufficiently to allow for light, air, and open space between the two homes. c. The variance, if granted, will not alter the essential character of the locality. " The proposed addition to the home will not alter the character of the neighborhood. The existing home garage is set back 76 feet from the property line and approximately 180 feet from the paved roadway of Sixth Avenue. It does not appear that a second story addition will adversely impact the neighbors. 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 residence is an allowed use in the RR -1A District.