08-09-2021 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. ________________________ 3 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 portions of a deck lakeward of the average lakeshore setback appears to be reasonable; the linear shoreline and location of the neighboring homes result in the existing non-conforming condition. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the neighboring homes, the setback of the existing home from the lake, and the orientation of the shoreline are conditions not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality.” It does not appear that the requested average lakeshore setback variance to permit an extension of the deck on the lakeside of the home will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the 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. 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 deck 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 location of the existing improvements/ home and the location of the neighboring homes generally in line with the Owners’ home along the shoreline are conditions unique to this Property.