Resolution 7654 Variance Accessory Building 755 Tonkawa Rd

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�01 T CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF NO. 7654 e4kEsxoO" B3. Variances may be granted when the Applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: 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 proposal for a 148 square foot accessory building within the average lakeshore setback is reasonable. The location of the average lakeshore setback on the Property creates a difficulty for the owner as the proposed building will not impact the lake view on adjacent properties; and b. The plight of the landowner is due to circumstances unique to his property not created by the landowner; the average lakeshore setback excludes a significant amount of the Property from the placement of the proposed building. The proposed location meets the intent of the regulation and will not impact lake views; and c. The variance, if granted, will not alter the essential character of the locality; the character of the locality will not be altered with the granting of a variance. The average lakeshore setback is to protect lake views, and the proposed building will not impact lake views. B4. Economic considerations alone do not constitute practical difficulties; economic considerations do not impact the finding of practical difficulties with the Property; and 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; and 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; and 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; and B8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property; both the conditions of the Property and the application of the average lakeshore are unique. The proposed accessory building, although it doesn't meet the average lakeshore setback, is meeting the intent of the regulation; and 3