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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. 7309 <br /> <br /> <br />4 <br /> <br />The Subdivision Exception will combine portions of 2965 Casco Point Road with <br />the two adjacent properties and will eliminate two nonconforming lots, improving <br />the average lakeshore setback as applied to for the adjacent properties. The <br />requested hardcover levels for each lot are consistent with the comprehensive <br />plan. <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 current lot configuration was not created by the property owners. The <br />proposed division and reallocation of the 2965 Casco Point Road property results <br />in two lots which are more consistent with the neighborhood. There should be <br />consideration for variance approvals from the hardcover limitation as the <br />Applicants are proposing an overall reduction. <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The requested hardcover levels are a reduction from the existing condition and will <br />not alter the character of 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 /> <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 hardcover supporting a single family use is <br />permitted in the LR-1C district. <br /> <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 /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The Applicants propose changes to the lot <br />configuration to remove a nonconforming lot and to solve an average lakeshore setback <br />issue that is unique to the properties. The hardcover levels proposed are not unique to the <br />Applicants’ properties.