04-08-2024 CC Agenda Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7465 3 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 new single-family is a reasonable use of the property. The proposal will utilize the existing nonconforming detached garage as part of the design and therefore requires front and side yard setback variances. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing house was not built by the current owners. The lot is substandard in area and width. The applicant is proposing to maintain the same front and side yard setback and meet all other required zoning regulations. The small lot size, substandard width, and existing improvements are not the result of the current property owner’s actions; and c. The variance, if granted, will not alter the essential character of the locality.” The proposed variances resulting in the construction of a new home are supported by practical difficulties and will not alter the character of the area. The new home will maintain existing setbacks and update the site with a new modern home design. 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-1C 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. 146