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09-11-2023 Council Packet
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09-11-2023 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. 7400 <br /> <br />3 <br /> <br /> <br />2. “Variances shall only be permitted . . . when the variances are consistent with the comprehensive <br />plan.” The variances resulting in a new single-family home is consistent with the Comprehensive <br />Plan. The applicant has identified the necessary practical difficulties inherent to the land supporting <br />their requests. The overall reduction in total hardcover bringi ng the lot into conformance and <br />moving the structure out of the required lakeyard setbacks is also consistent with the goals of the <br />Comprehensive 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 />The construction of a new single-family is a reasonable use of the property. The proposed <br />home will be set back further from the lake and the overall hardcover will be reduced. This <br />criterion is 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 existing house was not built by the current owners. The lot is substandard in area and <br />width. The applicant is proposing to maintain the same rear yard setback, but will bring the <br />new home into compliance with the required lake setbacks. The small lot size, substandard <br />width, and existing improvements are not the result of the current property owner’s actions; <br />and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The proposed variances resulting in the construction of a new home are supported by <br />practical difficulties and will not alter the character of the area. The new home will be <br />further from the lake and the nonconforming rear yard setback will be maintained. There <br />will also be a reduction in overall hardcover which will benefit the surrounding area. This <br />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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