Recorded Resolution 7247 - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL No. 7247 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The existing home is almost entirely within the required 35 -foot front yard setback. The proposed expansion over the existing structure has been revised to minimize massing and provide a 10 -foot setback from the property line where a 35 -foot setback is required. The proposed improvement provides an expansion opportunity yet is reasonably scaled within the substandard setback. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property owners did not create the nonconformities. The Applicants stated that the original location of the home limits opportunities for upward or footprint expansions. Staff finds the current existing home is nonconforming and can be maintained. The revised proposal reflecting a 10 -foot front yard setback for the 2"d story is reasonable considering the existing condition; and c. The variance, if granted, will not alter the essential character of the locality." The variance to permit an increase in the overall upward massing of the home within the front yard setback meeting a 10 -foot separation from the front lot line will not alter 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. 2, 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 residential improvements are an allowed use in the LR -1 B District.