08-13-2020 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan.” The number and type of variances proposed to develop this nonconforming lot of record are consistent with the comprehensive plan. The request to permit construction of the home on the substandard lot is reasonable. 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 construction of the home on the substandard lot is a reasonable use of the residentially zoned property. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard size is an existing condition, the Owners have attempted to acquire additional land via purchase or easement and have been unsuccessful. Therefore there is no available land with which to make the Property more conforming. The restricted driveway access and lack of off-site parking availability are challenges not created by the Owners. There should be consideration for variance approvals from the lot width and area requirements. The house and hardcover have been designed with an effort toward limiting the additional hardcover without sacrificing functionality. c. The variance, if granted, will not alter the essential character of the locality.” The variances are requested in order to permit construction of a home, which is reasonable on a residentially zoned property. The Property is situated in a residential district located between two commercial marinas. The variances will not change the essential character of the locality. 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.