Laserfiche WebLink
O <br />O <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NI NO. 7476 <br />EsHO <br />B3."Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in <br />connection with the granting of a variance, means that: <br />a. The property owner in question proposes to use the property in a reasonable <br />manner, however, the proposed use is not permitted by the official controls. The <br />Applicants are proposing to use the property reasonably with the construction of <br />a seasonal cabin. The RS District setback flexibility provides relief from the strict <br />50-foot setback requirement however the property width falls just over the cutoff <br />for the minimal 10-foot setback by ±1-2 feet. The setbacks proposed are <br />generally consistent with the existing home and neighbors to the south. <br />Additionally, the proposed 8.7-foot separation between the cabin and outhouse is <br />reasonable. <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The Property's substandard size and width are not the <br />result of actions by the Applicants; and <br />c. The variance, if granted, will not alter the essential character of the locality." The <br />proposed location of the new cabin is consistent with the cabins in the immediate <br />area and will not negatively impact the character of the island. <br />B4."Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been a factor in the variance approval determination. <br />B5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br />78." This condition is not applicable. <br />B6."The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located." This condition is not applicable, as a seasonal cabin is an allowed use in the RS <br />District. <br />B7."The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling." This condition is not applicable. <br />B8."The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." The substandard area and width of the <br />3