02-27-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7344 3 B3. “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. Because an existing nonconforming lot is being eliminated, the lot area and utility connection variances requested to support the ADU on the Property are reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique shape, size, and orientation of the Property presents challenges. The variances to permit an ADU on the Property are consistent with the neighborhood and are supported by practical difficulties. The proposed increased lot area for the ADU lessen the impact to adjacent properties and it is reasonable to allow the individual utility connections; and c. The variance, if granted, will not alter the essential character of the locality.” The ADU exists today as a single-family home on a nonconforming lot. Allowing the existing building to be used as an ADU accessory to the Applicants’ principal home after the lots are combined will not alter the character of the area. B4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations have not been a factor in the variance approval determination. B5. “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. B6. “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 an ADU is allowed in the LR-1C District. B7. “The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.” This condition is not applicable. B8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” As part of this request, the Applicants propose changes to the lot configuration which will remove one nonconforming lot, make the Property with their home conforming, and solve an average lakeshore setback issue that