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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. 7397 <br /> <br /> <br />3 <br /> <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 />owner’s request is reasonable and the minimum necessary to access the home <br />considering their need for accessible accommodations in the future; <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. Although the Applicant built the home, it was <br />constructed prior to the current building setback requirements; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” The <br />proposed 8’x 8’ deck/stoop will not alter the character of the neighborhood. <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 /> <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 earthsheltered 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 residential accessory improvements are <br />allowed uses in the LR1C District. <br /> <br />B7. “The board or council may permit as a variance the temporary use of a onefamily dwelling <br />as a twofamily 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 home was constructed in or about 1972. It <br />is an existing condition on a nonconforming sized lot as it is constructed right up to the <br />minimum 30foot setback line allowing for only a minimal stoop. This condition is peculiar <br />to the Property. <br />
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