09-11-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7399 3 The existing deck was constructed prior to the City’s current regulations. The current deck is nonconforming with approximately 5 feet of the deck within the average lakeshore setback. The construction of a screened in porch addition on the existing deck footprint increases the use and enjoyment of the lake property and is a reasonable request. The proposal preserves the intent of the ordinance by not disrupting any neighboring lake views. 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 and deck were not constructed by the current property owners. The applicant is requesting the average lakeshore setback variance to construct a new screened in porch addition on the existing deck footprint for better use and fit for the current family’s needs; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variance resulting in a new addition on the lakeside of the home will not alter the character of the locality. The project will not enlarge the footprint or protrude closer to any setback. The screened in porch addition will be on top of the existing deck footprint. All other setbacks including the 75-foot lakeshore setback and hardcover are met. 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.