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03-08-2021 Council Packet
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03-08-2021 Council Packet
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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 />3 <br /> <br />home on the substandard lot, in the proposed location within the setbacks, <br />appears to be somewhat reasonable as the property’s reduced size and <br />orientation with respect to the l frontage lakeshore and adjacent properties <br />creates difficulties. The encroachments proposed within the average lake <br />setback, side yard, and lake yard appear to be reasonable. <br />b. There are circumstances unique to the property not created by the landowner; The <br />small lot size, existing home location with respect to the lake and setbacks, <br />prevent a residential use consistent with the neighborhood ;and <br />c. The variance will not alter the essential character of the locality. The variances <br />requested for a 2nd story additions to the home which are designed to fit the <br />character of the neighborhood according to the submitted information <br />4. Economic considerations alone do not constitute practical difficulties. Economic <br />considerations 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 <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br />78. This condition is not applicable. <br />6. The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located. This condition is not applicable, as single family home is an allowed use in <br />the LR-1B District. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The property’s substandard size and <br />orientation with respect to the lakeshore, and adjacent properties creates <br />difficulties which may apply to many of the properties in the same neighborhood. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The property’s substandard size and width, home orientation, and <br />adjacent properties creates difficulties which create a unique encroachments on <br />the property for the existing home. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Granting the requested variances are <br />necessary for the preservation of the property right of the applicant. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter. Granting the <br />requested variances in this unique situation is not contrary to the intent of the <br />zoning chapter. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty. The variances do not merely serve as
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