03-11-2024 CC Agenda Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7452 4 The lot size, width, topography, and existing improvements have not been created by the current homeowner; and c. The variance, if granted, will not alter the essential character of the locality.” The project would not impact the essential character of the locality. The proposed home is in a similar location as the existing home except for that it will be further removed from the sensitive bluff area. 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. 8. “The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.” The special conditions of the property include the unique location of a channel, topography, and location of existing structures. This criterion is met. 9. “The conditions do not apply generally to other land or structures in the district in which the land is located.” The request is specific to this property which is impacted by an existing bluff and an extreme average lakeshore setback determined by one neighbor. The proposal to construct a new home in a similar location to the existing home with it being pulled further away from the bluff is supported by practical difficulties. This criterion is met. 10. “The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.”. The requested variances allow for the construction of a new and modern home in a similar location to the existing home. The existing home is nonconforming due to a very small building envelope. The variances from average lakeshore setback and from the bluff setback are necessary in order to construct the home and driveway. This criterion is met. 164