Resolution 7675 Approving Variance Addition 2090 Shoreline Dr

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gOArO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� � NO. 7675 4 ICES H0 visible from the lake and will not appear more visually obtrusive than the existing structures on the Property. B4."Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination and do not constitute the basis for any practical difficulty finding. 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 6.12 for property in the zone where the affected person's land is located."A single-family residential dwelling is a permitted use in the LR-1A District. The variance does not involve a use otherwise prohibited by the zoning code. 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 orientation and configuration as a peninsula on the lake are unique. The application of the average lakeshore setback to this particular lot geometry creates a practical difficulty not typical of standard lakeshore properties. B9."The conditions do not apply generally to other land or structures in the district in which the land is located." The peninsula configuration and resulting setback constraints are unique to this Property and do not broadly apply to other properties in the district. The setback requirements, as applied here, significantly restrict the ability to improve the Property without relief. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." While the home could be reconstructed in kind, the requested variance allows for modest functional improvements to the footprint without expanding the nonconformity beyond what is necessary. Minimal relief is required to preserve a substantial property right while maintaining the character of the area. 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." The proposed 3