10-23-2023 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7417 VARIANCE ANALYSIS: B1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The proposed variances are in harmony with the purpose of the Ordinance. The Property has difficulties in its substandard size and width, the proximity to the channel, the 75-foot lake setback, the existing home location, and the floodplain areas of the property making development difficult. B2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The variances proposed to rebuild a new home in the same footprint on this nonconforming lot are consistent with the comprehensive plan. B3. "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 request to permit construction of a new residence on the existing foundation on the substandard lot is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The substandard lot size is an existing condition, there is no available land with which to make the Property more conforming. The existing conditions, lot size, and location are challenges not created by the Owners. There should be consideration for variances for the Property which is substandard in area and setback requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and c. The variance, if granted, will not alter the essential character of the locality." The variances are requested in order to permit construction of a new home in the same footprint, which is reasonable. Hardcover and setback improvements are being made. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5. "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.