04-24-2017 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 property owner wishes to realign the common property line. The density will not increase as a result of the lot line adjustment. It is likely the parcels will be developed with new single family homes in the future which will be required to meet the LR -1 B district and Shoreland district setbacks. To qualify for the subdivision exemption and to reorient the common property line the requested variances must be granted. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property owner did not create the original lot size, lake frontage, and orientation of the Properties. c. The variance, if granted, will not alter the essential character of the locality. " The proposed variances will add one additional lakeshore property to the lake. The size of the proposed parcels are consistent with the character of the locality. 4. "Economic considerations alone do not constitute practical difficulties." The primary reason for the variances is to facilitate the reconfiguration of the lot to allow a home to be built away from the road and with lake views. The odd triangular shape of the existing Lot 3 will not allow a home to be built which can meet the setbacks. This practical difficulty keeps the land from being developed to the full potential and best use. 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 residential use is an allowed use in the LR -1B District.