Resolution 7473 Variance - Laserfiche WebLink

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Az.O.�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� G4- NO. 7473 `�"EsHO�f" request to increase the driveway width by 4 feet within the 75-foot creek setback to improve the safety of the driveway is reasonable as minimal access is required. This criterion has been met. a. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique configuration of the property and the building site were not created by the landowner. However, the topographic access challenges and difficulty resulting from the narrowness of the allowed 8- foot wide driveway were not a known condition nor were the conditions created by the property owner; and b. The variance, if granted, will not alter the essential character of the locality." The requested variance will not impact the local character of the neighborhood. 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. B6."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 driveway is an allowed use and is permitted. B7."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. B8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The unique setbacks resulting from the wetland, wetland buffers, and 150-foot setback of the creek create extreme difficulties that do not apply to the other properties in the same neighborhood. The creek's impact on the access to the property is unique to the property. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The protected tributary/creek impacting the access to the property is unique to the property. 3