Resolution 7500 variance new home build

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i iv CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti�� 4' NO. 7500 kESHO‘L the location of the neighbor's home result in no legal building envelope. The new home shape and location will offer an improved view of the lake for the affected neighbor. The circumstances are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality."The variance is requested to permit the construction of a new home in a similar location that will not adversely impact the neighborhood's character. 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 single-family home is an allowed use in the LR-1C 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 Property's unique orientation to the lakeshore and the adjacent homes create difficulties for the Owners to improve the Property consistent with the homes in their neighborhood. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's unique shape and the extreme setback of the adjacent home on the "flag lot" create difficulties for the Applicants. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Granting the average lakeshore setback variance is necessary for the preservation of the property rights of the Applicants. B11."The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variance in this unique situation is not contrary to the intent of the zoning chapter. 3