Resolution 7587 Variance Open Porch 2625 North Shore Dr

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�OtVO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1� ��' NO. 7587 tAkESHov� a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The variance request is residential in nature and is reasonable considering the unique nature of the Property having a large wetland at the rear, which pushes the development closer to the lake. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the existing home was not created by the owners; and c. The variance, if granted, will not alter the essential character of the locality." The location of the addition will not be lakeward of the home and will not alter the character of the neighborhood. The majority of the neighboring homes are situated within the 75-foot setback area. 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 residential improvements are permitted in the LR-1A residential zoning 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 existing home's location and orientation on the Property are unique circumstances. Due to the location and size of the wetlands impacting the properties along this portion of North Shore Drive, the developed homes are nearer to the lake than the 75-foot setback. The application of the 75-foot setback requirement causes a practical difficulty. The home and the proposed addition will not encroach on the average lakeshore setback. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The location of the home, within the 75-foot setback, is relatively unique 4