Resolution 7617 Variance and Conditional Use Permit Home Build 1440 Baldur Park Rd

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1JP/ -, " ti1 NO. 7617 �KESHO�� 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 6.12."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 a single-family residence is an allowed use in the LR-1C 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 Property's substandard size, location, elevation, and unique configuration create significant difficulties that also apply to many of the properties in the same neighborhood. The proposed setbacks and hardcover level are not out of character. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." Other properties in the immediate neighborhood are subject to similar difficulties. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The proposed size of the home is 302 square feet under the 2,000 square foot maximum for properties under 10,000 square feet in area. Granting of the lot area and width, setback, and hardcover variances are necessary for the preservation of the property rights of the owners. B11."The granting of the proposed variance will not in any way impair health, safety, comfort, or morals, or in any other respect be contrary to the intent of this chapter." Granting the variances for lot size, hardcover, and setbacks in this situation is not contrary to the intent of the zoning chapter. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."Without variances the Property is unbuildable. The variances for lot size, setback, and hardcover are necessary and do not merely serve as a convenience to the owners. 4