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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. 7587 <br /> <br /> <br />4 <br /> <br />a. The property owner in question proposes to use the property in a reasonable <br />manner, however, the proposed use is not permitted by the official controls. The <br />variance request is residential in nature and is reasonable considering the unique <br />nature of the Property having a large wetland at the rear, which pushes the <br />development closer to the lake. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The location of the existing home was not created by <br />the owners; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” The <br />location of the addition will not be lakeward of the home and will not alter the <br />character of the neighborhood. The majority of the neighboring homes are <br />situated within the 75-foot setback area. <br /> <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br />78.” This condition is not applicable. <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 as residential improvements are permitted in the <br />LR-1A residential zoning district. <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. <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 existing home’s location and orientation <br />on the Property are unique circumstances. Due to the location and size of the wetlands <br />impacting the properties along this portion of North Shore Drive, the developed homes <br />are nearer to the lake than the 75-foot setback. The application of the 75-foot setback <br />requirement causes a practical difficulty. The home and the proposed addition will not <br />encroach on the average lakeshore setback. <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 location of the home, within the 75-foot setback, is relatively unique <br />237