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Resolution 7336
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3838 Cherry Avenue - 08-117-23-33-0003
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Resolution 7336
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Last modified
8/22/2023 5:44:16 PM
Creation date
2/13/2023 2:25:22 PM
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x Address Old
House Number
3838
Street Name
Cherry
Street Type
Avenue
Address
3838 Cherry Ave
Document Type
Resolutions
PIN
0811723330003
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7336 <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 criterion 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 a residential home is an allowed use in the <br />LR -1C 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 criterion is not applicable. <br />1. "The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." The conditions applying to the existing home <br />are unique, and support the requested variances. <br />8. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The location of the existing home is a unique condition which does not <br />apply to other homes in the district. <br />"The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." The improvements proposed to the existing <br />home will allow for the home to better function for a family with children. The variances <br />are reasonable and preserve the rights of the Applicants. <br />10. "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 <br />requested variances will not adversely impact health, safety, comfort, or morals. <br />11. "The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty." The variances provide an increase in <br />home square footage, improved aesthetic, and outdoor living space near the OHWL which <br />improve the livability of the property and are designed in a way that minimizes new <br />encroachments and do not increase existing nonconformities. <br />
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