04-10-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. a residential zone are consistent with the Comprehensive Plan as well as the character of the neighborhood. 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 10 foot side setback appears to be reasonable as the adjacent properties do not appear to be adversely impacted; the mature vegetation and topography separate the Property from adjacent neighbors. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The shape and size of the Property were not the result of actions by the landowner. The existing home was constructed as a replacement home as the result of a fire in approximately 1989; the new home was constructed in approximately 1994 by the current owner in the location of the previous fire -damaged home. The nearest structure on the neighboring property to the northwest is a detached one-story garage and it is set back and oriented sufficiently to allow for light, air, and open space between the two structures. 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 proposed post construction will permit existing drainage patterns to be maintained. Stormwater drainage in this neighborhood is challenging creating a practical difficulty. 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 LR -1B District.