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06-12-2023 Council Packet
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06-12-2023 Council Packet
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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. 7370 <br /> <br />3 <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br />plan.” The variances resulting in the construction of a new accessory building in a residential zone <br />are consistent with the Comprehensive Plan. The applicant has identified necessary practical <br />difficulties inherent to the land supporting their requests. The proposed project will also reduce the <br />overall hardcover on the site which is consistent with the goals and intent of the Comprehensive <br />Plan. This criterion is met. <br /> <br />3. “Variances may be granted when the applicant for the variance establishes that there are practical <br />difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with <br />the granting of a variance, means that: <br />a. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br /> <br />Constructing a new accessory building to be used as a detached garage is a reasonable use <br />of the property. The current garage is nonconforming and is served by a steep driveway. <br />The new property owners would like demolish the existing garage and construct a new <br />garage closer to the street while reducing the overall hardcover on the site. The proximity <br />of the garage to the rear property line and the width of the driveway do not meet code <br />requirements. The applicant has demonstrated practical difficulties in the steep topography, <br />substandard lot size and placement of existing improvements on the lot. This criterion is <br />met. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br /> <br />The topographical challenges unique to the property were not created by the landowner; <br />and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The proposed variances will allow the construction of a new detached garage near the <br />street. Many neighboring homes have garages along the street and some neighboring <br />properties have garages with garage doors facing the road. The proposed placement of the <br />detached garage will not alter the character of the locality. This criterion is met. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations <br />have not been a factor in the variance approval determination. <br /> <br />5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar <br />energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §
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