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O CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7270FG <br />ikESHO <br />request is a reasonable use of the Properties as it will further the <br />goals of protecting against overcrowding at the lakeshore in this <br />zoning district and lessen difficulties created by historical <br />development in the neighborhood. Furthermore, the decrease in <br />hardcover at 3683 North Shore Drive serves to mitigate the impacts <br />of hardcover runoff and improve storm water management for the <br />property. <br />b. There are circumstances unique to the property not created by the landowner; <br />The unique shape, size, and orientation of the Properties present <br />challenges. The properties have been developed over time, not exclusively <br />by the property owners. The proposed boundary line adjustment follows <br />the historic development pattern the area which has created difficulties at <br />the lakeshore due to non-conforming lots. The suggested reallocation of <br />land would result in an improvement of the existing nonconformities and <br />closer to conformity with the current zoning requirements for the <br />neighborhood. It would also provide the property owners with properties <br />boundaries consistent with their actual use of the properties given the <br />unique topography of the lots. There should be consideration for variance <br />approvals from the lot width as the Applicants are proposing <br />improvements on both lots. <br />c. The variance will not alter the essential character of the locality. The lots are <br />both nonconforming as they pertain to lot width, similar to other lots in the <br />neighborhood. Altering the lot line between the parcels improves the lot <br />width as one point of measurement but increase the nonconformity at <br />another point of measurement creating an even trade between the two <br />nonconforming parcels. Any impact to the area is positive as it allows the <br />property owners to have property boundaries consistent with their actual <br />and practical use given the unique topography of the area. <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 <br />sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br />construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono <br />City Code Chapter 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 <br />under Orono City Code Chapter 78 for property in the zone where the affected person's <br />land is located. This condition is not applicable, as a single family home is <br />permitted in the LR-1C District. <br />7. The board or council may permit as a variance the temporary use of a one-family <br />dwelling as a two-family dwelling. This condition is not applicable. <br />4