Rec Res 7189 - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL the lake yard and the average lake shore setback, are consistent with the comprehensive plan. 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 variances are requested to alleviate a poor home design identified by the applicant and facilitate the creation of more private outdoor space. The variance requests to allow expansion of the hardcover and building within setbacks are reasonable and are supported by the practical difficulties inherent to the lot limitations. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The configuration and shape of the lot were not created by the owners. The uniqueness found in the shape, size, and proximity to the lake are difficulties which support granting of additional variances to further expand the nonconformities on the property; c. The variance, if granted, will not alter the essential character of the locality. " The proposed improvements to the Property will not adversely impact neighbors. The setback and hardcover variances requested will not alter the essential character of the neighborhood and when the Property is viewed from the lake. 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.