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10-09-2023 Council Packet
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10-09-2023 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. 7408 <br /> <br /> <br />3 <br /> <br />B3. “Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in <br />connection with the granting of a variance, means that: <br /> <br />a. The property owner in question proposes to use the property in a reasonable <br />manner, however, the proposed use is not permitted by the official controls. The <br />request for variances supporting construction of a new residence on the <br />substandard lot is reasonable. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The substandard lot size is an existing condition, there <br />is no available land with which to make the Property more conforming. The <br />restricted roadway and substandard lot size are challenges not created by the <br />owners. There should be consideration for variances for the Property which is <br />substandard in area and hardcover requirements. The project has been designed <br />with an effort toward limiting the additional hardcover without sacrificing <br />functionality; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” The <br />variances are requested in order to permit construction of a new home in a <br />conforming footprint, which is reasonable. <br /> <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br />B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br />78.” This condition is not applicable. <br /> <br />B6. “The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located.” This condition is not applicable, as a single-family residence is an allowed use in <br />the LR-1C District. <br /> <br />B7. “The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling.” This condition is not applicable. <br /> <br />B8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The Property’s substandard size and parking <br />difficulties also apply to many of the properties in the immediate neighborhood. The
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