Resolution 7482 Variance - Laserfiche WebLink

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icL01T0 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL P4. NO. 7482 xrSH ov- 4" The proposed home is reasonable as it will meet all zoning setbacks and structural coverage. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner.The property is unique as it was acquired and used for a short period of time by MnDOT as right-of-way. When it was no longer required it was reduced in size and sold as a parcel of land that is substandard to the current zoning district. The property owner has no control over the size of the parcel. The owner did not create the lot and is proposing structures in locations that conform to the district standards. This criterion is met;and c. The variance, ifgranted, will not alter the essential character of the locality. The proposed scale and location of the home will not alter the character of the adjacent residential neighborhood. 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-1 B 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 lot was originally platted as a conforming 2-acre parcel in 1983. MnDOT acquired the land as right-of-way to support the highway construction project. Recently MnDOT sold the land but kept the southern portion to be maintain as right-of-way for the Highway 12 corridor. The property size was determined by MnDOT under these unique circumstances.This criterion is met. 9. "The conditions do not apply generally to other land or structures in the district in which the Iand 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."Without the variance, the property would not be buildable as it is 3