10-09-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7411 3 up to six feet lakeward of the average lakeshore setback does not appear to be unreasonable considering the lake views from neighboring homes are not impacted. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The intent of the property owner was to submit a conforming plan. The application errors were not intentional; however, accuracy of submitted permit information is the Applicant’s responsibility; and c. The variance, if granted, will not alter the essential character of the locality.” The variance will not alter 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 residential improvements are 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 depth of the lots, shape of the shoreline, and the setback from the lake of the adjacent homes creates difficulties. The majority of the home is completed and removing the encroachment is not a simple endeavor as the porch roof structure is integral to the structure of the overall roof and cannot be simply removed. B9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The Property’s shoreline orientation, depth of the lots, and the relationship between the existing home and the setback of the adjacent homes create difficulties for the owners.