11-12-2019 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 and width. The additions were designed to protect lake views for the neighbors and meant to be within existing improved areas. 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The proposed variances to improve this nonconforming lot are consistent with the comprehensive plan. 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 the additions to the home on the substandard lot, in the proposed location within the setbacks, appears to be somewhat reasonable as the Property’s reduced size and orientation with respect to the dual frontage lakeshore, Fagerness Point Road, and adjacent properties create difficulties. The hardcover level and encroachments proposed within the average lake setback, side yard, street yard, and lake yard appear to be reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The uniquely small size, location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. The proposed hardcover level and setbacks are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality.” The variances are requested in order to permit construction of additions to the home which are designed to fit the character of the neighborhood according to the submitted information. 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.