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08-08-2022 Council Packet
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08-08-2022 Council Packet
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9/7/2022 3:49:47 PM
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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. 7281 <br /> <br /> <br />3 <br /> <br />small size and depth, and proximity to the lake impacting redevelopment. The variance <br />for 29.2% hardcover is in harmony with the purpose of the Ordinance. <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The variances proposed to develop this nonconforming lot of record <br />are consistent with the comprehensive plan. <br /> <br />3. “Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in <br />connection with the granting of a variance, means that: <br />a. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br /> <br />The request to permit construction of the home on the substandard lot is <br />reasonable. The type and level of variances requested for development of the <br />property and are reasonable <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The substandard lot size is an existing condition and there is no available land with <br />which to make the Property conforming. There should be consideration for <br />variance approvals from the lot width and area requirements. The house footprint <br />is conforming at 20% and the hardcover level requested will support a driveway to <br />keep vehicle parking off the street; <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The variances are requested in order to permit construction of a home, which is <br />reasonable. However the size and scale of the proposed development on this <br />property would be out of character with the neighborhood. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <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 />
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