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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7584 <br /> <br /> <br />3 <br /> <br />and any improvements to the house would fall within the average lakeshore setback <br />and 75-foot lakeshore setback of the Property. This criterion is met; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality; the <br />proposed modifications to the house would not substantially impact the neighbors’ <br />views of the lake, nor substantially encroach into the lakeshore setback, and will fit <br />the character of the neighborhood according to the submitted and reviewed <br />information. This criterion is met. <br /> <br />B4. Economic considerations alone do not constitute practical difficulties; economic <br />considerations have not been a factor in the variance approval determination. This <br />criterion is met; and <br /> <br />B5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth-sheltered construction as defined <br />in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78; this <br />condition is not applicable; and <br /> <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; exterior patio space, extended roof eaves, and a <br />deck attached to a single-family home are allowed within in the LR-1B district; and <br /> <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; and <br /> <br />B8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property; the Property is encumbered by an average <br />lakeshore setback that severely limits further development, and limits expansions or changes <br />to the existing house. The house is located on a peninsula with lakeshore of three sides, <br />applying the 75-foot lake setback is unique for the land. This criterion is met; and <br /> <br />B9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located; the house is located entirely lakeward of the ALS; the Property is limited <br />by both the average lakeshore setback and the 75-foot lakeshore setback on two sides. <br />The Property has a legal building envelope of approximately 1,100 square feet, which the <br />existing house is not located within. These conditions are not generally applicable to other <br />properties and buildings in the area. This criterion is met; and <br /> <br />B10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the Applicant; granting the variances is necessary to preserve <br />109