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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <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 />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 an addition to a home is an allowed use <br />in the RR-1B District. <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 />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The setback requirements, the size and <br />shape of the property is similar to the other properties in the neighborhood within <br />the RR-1B district. <br />9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The existing home is nonconforming as it currently sites within the <br />front and north side required yard. The property also is served by septic with has <br />infrastructure location to the south of the home and the overall property is <br />substandard in area creating a smaller building envelope for the parcel making <br />creating unique challenges for the property. <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” The proposed addition for a garage is <br />necessary to permit the property owners continued enjoyment of their property. <br />The addition is located in a location which serves the intent and goals of the <br />ordinance by minimizing visual impacts being on the rear of the home. <br />11. “The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter.” The proposed <br />project will not impair the health, safety, comfort, or morals of the public. <br />12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” Granting of the variance will resolve <br />and alleviate a demonstrated practical difficulty. <br /> <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section 78-420 to allow as addition to the home within <br />the side yard setback, subject to the following conditions: <br /> <br />1. Council approval is based on the entire record, above Findings. <br />2. The approved project shall conform to the survey with revisions dated April 20, 2020 and <br />building plans submitted by the Applicants and annotated by City staff, attached to this <br />Resolution as Exhibit A.