06-28-2021 Council Packet - Laserfiche WebLink

Home Browse Search

CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 4 Plan. The variance to permit the minimal upward volume expansions is solely to upgrade the functionality of the carriage house, as well as allow the boathouse to conform to the floodplain regulations. The setbacks of the boathouse do not allow for the full 15 feet of rescue bench fill around the building as required. This criterion is met. 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 minor upward expansions of the buildings within the setbacks appear to be reasonable; the flat roof design of the boathouse minimizes any potential negative impacts; the existing setbacks; the mature vegetation, and location of neighboring homes separate the buildings from the adjacent neighbors. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Applicant proposes to reconstruct two nonconforming buildings to improve functionality for the owners. The buildings were not constructed by the current owners, or by current construction standards, and are in need of replacing due to their age and deferred maintenance; and c. The variance, if granted, will not alter the essential character of the locality.” The requested variances will not result in the Property being out of character with the neighborhood; will not expand the footprint of the buildings; or result in additional encroachment into the setbacks toward the lake. The new encroachments will not alter the character of the locality. This criterion is met. 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.