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LA18-000077 (1335 Arbor St) VAR Ex A Draft Resolution
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LA18-000077 (1335 Arbor St) VAR Ex A Draft Resolution
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9/11/2025 12:38:26 PM
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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. ________________________ <br /> <br /> <br />3 <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br />5. “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 />6. “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 the use for a single family home is an <br />allowed use in the RR-1B District. <br />7. “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 />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The size of the lot in the RR-1B zoning <br />district and abuting 3 streets is unique for the requested variances. <br />9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The size of the lot and its locations as it pertains to the existing <br />zoning district is peculiar to the property. <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” Staff finds this statement to be true to allow <br />for construction of a single family home on this parcel. <br />11. “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 of the <br />requested variances would not impair health, safety, comfort or morals and would <br />be in keeping with the intent of the zoning code. <br />12. “The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty.” The application has stated the narrow <br />corner lot has setback challenges for construction of a single family home. The <br />property is unique in size location between three streets. <br /> <br /> <br />CONCLUSIONS, ORDER AND CONDITIONS: <br /> <br /> Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section78-420 to allow interior and street side yard <br />setbacks in addition to the previously approved variances Resolution 6864, subject to the <br />following conditions: <br /> <br />1. Council approval is based on the entire record, above Findings.
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