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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. 7588 <br /> <br /> <br />4 <br /> <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 allowed in the <br />Lr-1B 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 proximity of the building within the <br />setbacks is an existing condition that is unique to the property. <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 and existence of the nonconforming accessory building is an <br />existing condition unique to a small number of properties in the City, but could be applied <br />to other lakeshore properties with lake yard accessory buildings and boathouses. <br /> <br />B10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” The Owners’ substantial property right is <br />provided by the principal structure. The nonconforming building is allowed to be <br />maintained and replaced in-kind. Expansion of an existing non-conforming building is not <br />a right; however, the building will be expanded only to comply with floodplain minimum <br />low-floor regulations. <br /> <br />B11. “The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter.” Granting the <br />requested variances will not adversely impact health, safety, comfort, or morals. <br /> <br />B12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” The Applicant asserts that the variances <br />are necessary to modestly increase functionality, and for safety and regulatory <br />compliance, and will not merely serve as a convenience to the Owners. <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants the <br />following variances to support reconstruction of a legally nonconforming accessory building: <br />265