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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />2 <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality <br />Overlay District. <br /> <br />5. Applicant has applied for the following variances: <br />a. Hardcover to exceed 25% <br /> <br />6. In considering this application for variance, the Council has considered the advice and <br />recommendation of the Planning Commission and the effect of the proposed variance upon the <br />health, safety and welfare of the community, existing and anticipated traffic conditions, light and <br />air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br />area. <br /> <br />ANALYSIS: <br /> <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed <br />variance is in harmony with the intent and purpose of the Ordinance. The goal of the <br />ordinance is to manage hardcover and the proposal brings the property closer to the allowed <br />regulations. <br />2. The variance is consistent with the comprehensive plan. The proposed project to remodel an <br />existing home on a substandard lot and bring the lot closer to conformance with city <br />regulations is consistent with the comprehensive plan. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not permitted by <br />the official controls; The request to permit an addition to the home on a substandard <br />lot meeting all setback requirements and lowering the existing hardcover totals <br />appears to be reasonable as the property’s reduced size and existing improvements. <br />b. There are circumstances unique to the property not created by the landowner; the existing <br />home and substandard lot are unique and not created by the property owner. and <br />c. The variance will not alter the essential character of the locality. The variance is <br />requested in order to permit an addition to the home designed to fit the character of <br />the neighborhood according to the submitted information. <br />Additionally City Code 78-123 provides additional parameters within which a variance may be granted as <br />follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br />have not been a factor in the variance approval determination. <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar <br />energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. <br />Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is <br />not applicable.