03-10-2025 CC Agenda Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7562 build a deck lakeward of the ALS is reasonable and meets all other applicable zoning regulations; and b. The plight of the landowner is due to circumstances unique to his property not created by the landowner; the existing home is located with the ALS and any improvements to the home would fall within the lake views of the adjacent neighbors; and c. The variance, if granted, will not alter the essential character of the locality; the variance bears similarities to the approvals granted in 2023. The proposed deck would not substantially impact the neighbors' views of the lake and will fit the character of the neighborhood according to the submitted and reviewed information. B4. Economic considerations alone do not constitute practical difficulties; economic considerations have not been a factor in the variance approval determination; and 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; and 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 deck attached to a single-family home is allowed within in the LR-IC district; and 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; and B8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property; the Property is encumbered by an ALS that severely limits further development of the Property, and limits expansions or changes to the existing home and deck; and B9. The conditions do not apply generally to other land or structures in the district in which the land is located; the house is located entirely lakeward of the ALS; only in -kind replacement or reduction of existing conditions would be permitted without variances. These conditions are unique to the Property; and B10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant; granting the variance is necessary to preserve 158