03-21-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7353 3 3.“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. The request to permit construction of a deck for an existing home on a substandard lot appears to be reasonable as the deck meets all required setbacks and the total square footage of hardcover will be reduced. b.The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing hardcover on the site over the 25% limit is not the result of the current property owner. The property owner will reduce the total hardcover on the site by removing a walkway and portion of a patio to accommodate for the new deck. c.The variance, if granted, will not alter the essential character of the locality.” The variance is requested in order to permit construction of a new deck partially above an existing patio. The overall hardcover will be reduced on the lot. The proposed improvement is designed to fit the character of the neighborhood and existing home. 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 LR-1C 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 existing hardcover over the 25% creates difficulties which also apply to many of the properties in the same neighborhood.