08-12-2024 CC Agenda Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7498 3 is reasonable to expect some outdoor living space, such as a deck, for a single-family home. The subject property is substandard in size and unable to meet the setback requirements due to the placement of the home on the lot. The proposal is reasonable and unlikely to impact the neighboring properties. This criterion is met. 3. “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 proposal to construct a deck for a single-family home that does not currently have outdoor living space is reasonable. The existing home does not meet the rear yard setback and therefore the construction of a deck requires a setback variance. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the existing home on the lot as well as the substandard size and width of the lot are out of the control of the homeowner. This criterion is met. c. The variance, if granted, will not alter the essential character of the locality.” The proposed variances allowing construction of a new deck on the rear of the home will not alter the character of the locality. The proposed deck will meet the setback from the corner side yard and will be screened from neighboring properties by existing fencing or vegetation. 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 LR-1A District. 45