05-08-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7362 4 difficulties due to the extreme setback requirements creating a very small building envelope that cannot support the construction of a new home. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing house was not built by the current owners. The lot is substandard in area and has extreme setback limitations due to the location within the inlet of a bay and orientation to the lake. The applicant is proposing to utilize the existing foundation to construct a new single-family home. The small lot size, extreme setback requirements, and placement of the existing structures on the lot are not the result of the current property owner’s actions . c. The variance, if granted, will not alter the essential character of the locality.” The proposed variances resulting in the construction of a larger home on an existing foundation are supported by practical difficulties and will not alter the character of the area. The additional massing in front of the average lakeshore setback line will not impact any site lines of the lake that are enjoyed by neighboring properties. The additional hardcover within the 75-foot lakeshore setback is offset by the overall reduction in hardcover on the site, bringing the lot into conformance. This criterion is met. 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 a permitted use in the LR-1B 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 substandard lot size, unique lot shape, location on the inlet of a bay creating extreme setback requirements and the location of the existing structures on the lot are unique conditions to this specific property. This criterion is met.