09-25-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. objectives and preservation goals of the Comprehensive Plan. This criterion is not met. 4. "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 proposes to use the property in a reasonable manner not permitted by the official controls; The official controls require a minimum acreage and width for each newly created building lot. The Proposed Development does not meet the minimum standards for acreage. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The size of the Property was not created by the landowner however it is not unique. There are many properties which exceed the minimum acreage requirement, yet are not able to subdivide because they do not have twice the minimum lot size. The 1 acre lot size is a minimum standard and is not meant to guarantee a property owner that they will be allowed to subdivide their property simply because they have more than 1 acre in land. The purchase price of the Property was determined by landowner and is not unique. This criterion is not met, and c. The variance will not alter the essential character of the locality. The Proposed Development will be used as a residential lot. 5. "Economic considerations alone do not constitute practical difficulties. Economic considerations have been identified as the most relevant factor in the variance request by the Applicant." In the Applicant's practical difficulties statement, they indicate that the Property was purchased "at a premium at public auction" and identified this as "a factor" in their practical difficulty determination. The purchase price of the Property is not a valid practical difficulty. The Applicant has stated that the Proposed Development is more economically viable if he is allowed to build two homes valued at under $1,000,000 rather than a single home valued at more than $1,000,000. The purchase price of the Property and the marketability of the land is the primary reason for the variance request. This criterion is not met. 6. "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.