12-07-2020 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 landowner. The natural high area on the Property is more toward the lake necessitating home and patio placement partially within the 75-foot setback; c. The variance, if granted, will not alter the essential character of the locality.” The lot area and width variances will not alter the character of the neighborhood; the lake setback and hardcover variances are reasonable and necessary as the highest points of the Property for construction of the home above the 1% annual chance floodplain are located toward the lake. The hardcover is mitigated by the proposed landscape plan for the Property. 4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have alone 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. 6. “The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.” This condition is not applicable, as residential home is an allowed use in the LR- 1A District. 7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The substandard lot area and width of the Property is not uncommon in the surrounding neighborhood. The presence of the 1% annual chance floodplain on the Property creates increased difficulties however, if the building pad is reduced it is possible the building can conform to the 75-foot setback limiting improvements toward the lake. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The property to the east has a higher grade than the Property. The two properties to the west have similar floodplain challenges. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting the requested variances will provide relief to the Owners regarding the lot size and floodplain on the Property.