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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 />2. The Property is located in the LR-1A Zoning District. <br /> <br />3. The Property contains 3.52 acres in area and has a defined lot width of 210/ 200 feet. <br /> <br />4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater <br />Quality Overlay District. <br /> <br />5. Applicant has applied for the following variance: <br />a. Average Lake Shore Setback <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 <br />upon the health, safety and welfare of the community, existing and anticipated traffic <br />conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br />of property in the surrounding area. <br /> <br />ANALYSIS: <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of <br />the average lake shore setback is to preserve neighboring properties’ views of the lake. The <br />proposed encroachment will not impact these views. <br />2. The variance is consistent with the comprehensive plan. The proposed use of the lot for <br />residential purposes is consistent with the Comprehensive Plan, as is the preservation of lake <br />views and Shoreland management. <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 <br />by the official controls; The placement of the house is a reasonable location given the <br />intent of the ordinance to preserve views, and manage sensitive environmental <br />concerns. <br />b. There are circumstances unique to the property not created by the landowner; the <br />location of the neighboring house, the presence of a tributary, and the previous <br />discussions of a ‘new’ ALS where not created by the land owner and <br />c. The variance will not alter the essential character of the locality. The encroachment into <br />the ALS will not impact the character of the locality. <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.