03-13-2017 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 average lakeshore variance request is residential in nature and is reasonable considering the unique nature of the Property as a large peninsula on the lake. The relatively large flood hazard area and existing improvements on the property creates difficulties in locating a conforming structure. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the structures on the Property and configuration of the lot were not created by the property owner. c. The variance, if granted, will not alter the essential character of the locality. " The cabin's location within the average lakeshore setback will not alter the character of the neighborhood. Rather, the cabin will not impact views from the lake nor will it appear to be more visually obtrusive than the existing cabin. 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 guest cabin/guest house is an allowed conditional use in the LR -1A 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 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's location and orientation as a peninsula, functionally an island, is unique. Due to the nature of the Property on the point, the application of the average lakeshore setback requirement causes a practical difficulty.