Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
-cLON CITY NO OF. ORONO7280 <br /> RESOLUTION OF THE CITY COUNCIL <br /> 4kES H 00' <br /> There are existing retaining walls in the lake yard. The variance to permit the <br /> expanded retaining wall structure within the 75-foot lake setback will help to <br /> maintain the existing slope and character 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 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 /> 6. "The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located." This condition is not applicable, as residential improvements are permitted to <br /> support a residential use in the LR-1 B District. <br /> 7. "The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling."This condition is not applicable. <br /> 8. "The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property." The slope of the Property combined with the <br /> pre-existing improvements are unique conditions affecting the Property. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located."The Property's slope instability combined with the existing improvements <br /> create conditions which do not apply to adjacent properties. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." Granting a lake setback variance to allow the <br /> retaining walls within the 75-foot lake setback to be reconstructed with an expanded <br /> footprint is reasonable, is a better solution long-term, and is necessary to preserve the <br /> rights of the owner. The variance is supported by the vulnerable slope on the Property. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting the lake <br /> yard setback variance allowing the retaining walls within the 75-foot lake setback will not <br /> adversely impact health, safety, comfort or morals, or in any way be contrary to the <br /> ordinances. <br /> 3 <br />