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11-12-2019 Council Packet
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11-12-2019 Council Packet
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11/13/2019 11:27:42 AM
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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />5 <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The Property’s uniquely small, shallow size, location with respect to the lake and <br />roadway, and required setbacks prevent a residential footprint consistent with the <br />neighborhood. Approval of the requested variances provides relief from the <br />hardcover limitation, the lake and street setback, the rear setback and the lot area <br />requirements. The presence of the Crystal Bay Road improvements limits the <br />usability of the Property. <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The variances are requested in order to permit construction of a home which is <br />reasonable. Other homes in the immediate neighborhood have been granted <br />similar levels of variances for redevelopment. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br />78.” This condition is not applicable. <br /> <br />6. “The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located.” This condition is not applicable, as a single family residence is an allowed use in <br />the LR-1C District. <br /> <br />7. “The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling.” This condition is not applicable. <br /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The Property’s substandard size and depth with <br />respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which <br />also apply to many of the properties in the same neighborhood. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The Property’s substandard size and applied setbacks creates difficulties <br />which also apply to many of the properties in the same neighborhood. The burden of the <br />3,359 square feet of roadway and the shallow depth are unique to the Property.
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