03-21-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO.7352 3 c.The variance, if granted, will not alter the essential character of the locality.” The side yard setback of 17.3 feet is not substantially different than the 19-foot side yard setback previously approved. The variance will not impact the character of the neighborhood. 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 a residential home is an allowed use in the RR-1A District. 7.“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. 8.“The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The property’s substandard size and width orientation with respect creates difficulties which are unique to the property. 9.“The conditions do not apply generally to other land or structures in the district in which the land is located.” The property’s substandard size and width creates difficulties which are unique to this property. 10.“The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.” Granting a side yard setback variance is necessary to preserve the constructed deck and deck stairs and preserves the rights of the property owner. 11.“The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.” Granting the requested side yard setback variance in this unique situation is not contrary to the intent of the zoning chapter. 12.“The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.” The variances for the side yard setback is necessary,