10-23-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7415 emphasizes the protection of natural resources and limiting hardcover. The proposal is the minimal in size and will allow water to run through the slats of the deck. The proposal also includes the removal of a stone walkway in order to mitigate the hardcover impacts. This criterion is met. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of a small deck where no outdoor living space is currently is a reasonable use of the property supported by practical difficulties. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The lot size, width, and presence of the OHWL on the property are unique to the property and are not at the result of the homeowner; and c. The variance, ifgranted, will not alter the essential character of the locality. " The variance in order to construct a new deck would not likely impact the character of the area. The proposed deck is minimal and not intrusive and would have little impact on neighboring properties. 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. "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-1A 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.