06-28-2021 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 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 a residential improvement is permitted in the LR-1A zoning 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 lot size and shape, proximity to the lake, and the topography are particular to the Property and surrounding properties within this immediate neighborhood. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The setbacks of adjacent homes in the neighborhood are somewhat similar to the Property, as well as the conditions specifically impacting the Property. The lot size and shape, topography, home proximity to the lake, and the required 50-foot street setback generally apply to the other substandard properties in this immediate LR- 1A neighborhood. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” The owner indicates that granting the variances are necessary for the preservation of their property right. 11. “The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the variances to allow construction of additional deck area while reducing the level of nonconforming hardcover in the lake yard is not likely to impair health, safety, and comfort and is not contrary to the intent of the zoning chapter. 12. “The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The substandard area and width of the Property; shape and depth of the lot; steepness of the lot; and unique shoreline configuration create practical difficulties affecting the Property; the variances are necessary and do not merely serve as a convenience to the owner.