Resolution 7476 Variance - Laserfiche WebLink

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�O�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL *NI �� NO. 7476 '(EsHO�� 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 Applicants are proposing to use the property reasonably with the construction of a seasonal cabin. The RS District setback flexibility provides relief from the strict 50-foot setback requirement however the property width falls just over the cutoff for the minimal 10-foot setback by ±1-2 feet. The setbacks proposed are generally consistent with the existing home and neighbors to the south. Additionally, the proposed 8.7-foot separation between the cabin and outhouse is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property's substandard size and width are not the result of actions by the Applicants; and c. The variance, if granted, will not alter the essential character of the locality." The proposed location of the new cabin is consistent with the cabins in the immediate area and will not negatively impact the character of the island. 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 seasonal cabin is an allowed use in the RS District. 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 substandard area and width of the 3