06-12-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7372 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. The request to permit the home modifications in the proposed location entirely within the average lakeshore setback appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore, the existing vegetative screening, the topography, and adjacent properties. The request is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique shape of the Property, the neighboring lake flag lot, and the neighboring home locations prevent expansions of the home consistent with the neighborhood. The proposed overall hardcover level is conforming. The circumstances are unique to the Property; c. The variance, if granted, will not alter the essential character of the locality.” The variance is requested in order to permit construction of additions to the home designed to fit the character of the neighborhood. 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 a single-family home is an allowed use 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.” The Property’s unique orientation with respect to the lakeshore, the neighboring lake flag lot, and the adjacent homes create difficulties