#6783-variance-2017 - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 67 8 3 The neighboring home to the north is set back further from the lake than most of the surrounding homes resulting in the severe average lakeshore setback applied to the Property. c. The variance, if granted, will not alter the essential character of the locality. " It does not appear that the requested average lakeshore setback variance to permit the pool within the lower patio/terrace will adversely impact views of the lake currently enjoyed by the adjacent property owners. 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 swimming pool is an allowed use in the LR -1 B 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 extreme setback of the northerly home is not in character with the immediate neighborhood. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The majority of the homes both to the north and south of the Property are closer in proximity to the lake and are more consistently in line with each other. The home on the property directly to the north is set back further than the other immediately adjacent homes. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The applicant states that the variance is necessary.