Resolution 7463 Variance - Laserfiche WebLink

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szLOAtp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 7463 F G tAkEs HGRt c. The variance, if granted, will not alter the essential character of the locality." The proposed variance resulting in a new home is supported by practical difficulties and will not alter the character of the 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 RR-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 location of the neighboring homes in relation to the subject property and to Lake Lydiard are unique and create an extreme lakeshore setback. The average lakeshore setback line prevents the development of the property that meets all other zoning requirements.The special conditions of the property are unique and specific.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 unique and existing conditions do not apply to other land or structures in the neighborhood or district.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 granting of the average lakeshore setback variance will allow the vacant property to be developed.The location of the neighboring homes and the unique property shape create an extreme lakeshore setback. The proposed home meets the required 150-foot lake setback to preserve the environmental quality of Lydiard Lake.This criterion is met. 11. "The granting of the proposed variance will not in any way impair health, safety,comfort or morals, or in any other respect be contrary to the intent of this chapter."Granting the requested variance will not adversely impact health, safety, comfort, or morals of the community. The proposed has been 3