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Resolution 7045
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Resolution 0001-7547
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Reso 7000 - 7099 (July 8, 2019 - May 26, 2020)
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Resolution 7045
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Last modified
12/2/2019 11:18:16 AM
Creation date
11/13/2019 3:00:00 PM
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1973 Fagerness Point Road - 18-117-23-14-0008
(Attachment)
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\Property Files\Street Address\F\Fagerness Point Road
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BOAT CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7045 <br /> !',UsHOYF <br /> and width. The additions were designed to protect lake views for the neighbors and meant <br /> to be within existing improved areas. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The proposed variances to improve this nonconforming lot are <br /> consistent with the comprehensive plan. <br /> 3. "Variances may be granted when the applicant for the variance establishes that there are <br /> practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in <br /> connection with the granting of a variance, means that: <br /> a. The property owner in question proposes to use the property in a reasonable manner, <br /> however, the proposed use is not permitted by the official controls. <br /> The request to permit the additions to the home on the substandard lot, in the <br /> proposed location within the setbacks, appears to be somewhat reasonable as the <br /> Property's reduced size and orientation with respect to the dual frontage lakeshore, <br /> Fagerness Point Road, and adjacent properties create difficulties. The hardcover <br /> level and encroachments proposed within the average lake setback, side yard, street <br /> yard, and lake yard appear to be reasonable. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The uniquely small size, location with respect to the lake and roadway, and <br /> required setbacks prevent a residential footprint consistent with the neighborhood. <br /> The proposed hardcover level and setbacks are unique to the Property; and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The variances are requested in order to permit construction of additions to the <br /> home which are designed to fit the character of the neighborhood according to the <br /> submitted information. <br /> 4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval determination. <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 /> 3 <br />
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