06-14-2021 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 The request to permit expansion of the garage on the substandard lot, within the required rear setback appears to be reasonable as the Property’s reduced size and orientation with respect to the lake and adjacent properties creates difficulties. No encroachment to adjacent properties or hardcover expansions are proposed. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. If the doors faced inward, the garage would be conforming with respect to the setback requirements. The Property’s small size and width, location with respect to Tonkawa Road, and required setback based on the overhead door prevent expansion of the garage consistent with the neighborhood. There should be consideration for variance approvals from rear setback; c. The variance, if granted, will not alter the essential character of the locality.” The footprint size and overall height of the garage at approximately 23 feet is in character with the immediate neighborhood. 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. 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 an accessory garage is an allowed use in the LR-1B 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 Property’s substandard size, width, and topography creates difficulties which also apply to many of the properties in the same neighborhood. The setbacks are not out of character. The proposed structural and hardcover levels are met.