16-3845 Recorded Resolution - Laserfiche WebLink

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CITY OF ORONO REsOLUTION OF TIIE CITY COUNCIL NO.~_ ~-6 _6 _5 =9~ The Property owners are proposing to use the Property in a reasonable manner but the specific lot area, lot width and setback requirements of the Zoning Code result in the need for variances in order to build on the lot. The plight of the Owner is due to the lot having been created prior to establishment of zoning codes, and the application of area, width and setback standards more suited to 2 .. acre lots than the small lots in the Crystal Bay neighborhood; the landowner did not create the smaH lot situation, Constructing a single family residence as proposed is not anticipated to alter the characier of the n~ighborhood, since many homes in the neighborhood exist on similarly sized lots with similar setbacks. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. BS. "Practical difficulties also include but are not limited to inadequate access 1o direct sunlight for solar energy systems. V arlances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd 2, when in harmony with Oronp 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 the use for a single family residence is an allowed use in the RR-lB 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 substandard lot area and width are common in the Crystal Bay neighborhood, where many existing homes do not meet the RR-lB District setback standards. This is not the case throughout muc~ of the RR-lB District, but Crystal Bay is a neighborhood created long before the RR .. tB zoning standards were in effect. The conditions applicable to the Property are typical of the Crystal Bay neighborhood but are not typical of the overall RR-lB zoning district. B9. ''The conditions do not apply generally to other land or structures in the district in which the land is located." The conditions apply to many other 100' wide corner lots in the Crystal Bay neighborhood which as a result of the req~ed setbacks would have only a 20' wide buildable envelope under RR-1B standards; but do not apply to a majority oflots within the RR-lB district. BlO. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant" . The Property is typical of single family lots 4