Recorded Resolution #7222 - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7222 2. The variance is consistent with the comprehensive plan. The requested variances to develop the nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of a new home on a substandard lot forward of the average lakeshore setback appears to be reasonable based on the uniqueness of the neighboring lot, and this neighboring home's location with respect to the lakeshore. b. There are circumstances unique to the property not created by the landowner; The nonconforming lot area, lot width and location with respect to the neighboring home were not created by the homeowner; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood. 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. 17, 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 single family home is an allowed use in the LR -16 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 Property's substandard size, lack of road frontage, configuration, orientation, and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The Property's substandard size, unique lakeshore, and the setback of the adjacent homes create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, and average lakeshore variances are necessary for the preservation of the Property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the