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05-08-2023 Council Packet
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05-08-2023 Council Packet
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5/9/2023 12:08:41 PM
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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. 7364 <br /> <br /> <br />4 <br /> <br />relationship between the existing home and the setback of the homes on adjacent <br />properties creates difficulties for the Applicants. <br /> <br />B10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” Granting the average lakeshore setback variance <br />preserves the Applicants’ rights to views and enjoyment of the lake enjoyed by other <br />lakeshore property owners. <br /> <br />B11. “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 variance in this unique situation is not contrary to the intent of the zoning <br />chapter. <br /> <br />B12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” The majority of the homes along this <br />channel are situated approximately 75 feet to 125 feet from the lake; constructing a home <br />behind the average lakeshore setback would be out of character for the immediate <br />channel lakeshore neighborhood. The requested variance would not merely serve as a <br />convenience to the Applicants. <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a new home <br />lakeward of the average lakeshore setback; subject to the following conditions: <br /> <br />C1. Council approval is based on the entire record, above Findings. <br /> <br />C2. The approved home location shall conform to all Zoning requirements with the exception <br />of the average lakeshore setback as depicted on the attached Exhibit B. Further, the <br />home footprint is not limited to that which is shown in Exhibit B. <br /> <br />C3. Any development of the Property which is not in conformity with City codes may require <br />further Planning Commission and City Council review. <br /> <br />C4. Variance approval is subject to the recording of the boundary line adjustment according <br />to the Subdivision Exception Certificate LA23-000018 with Hennepin County. No <br />construction will be permitted prior to the Subdivision Exception being successfully <br />recorded with Hennepin County. <br />
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