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Resolution 6581 - Not Fully Executed
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Reso 6500 - 6599 May 11, 2015 - March 14, 2016
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Resolution 6581 - Not Fully Executed
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2/11/2016 1:16:52 PM
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RESOLUTION OF THE CITY COUNCIL <br />NO. <br />intent and purpose of the Ordinance. Detached garages are a common amenity associated <br />with residences and are an allowed accessory structure within the LR -1C zoning district. <br />B2. "Variances shall only be permitted... when the variances are consistent with the <br />comprehensive plan." Granting of the proposed variances to construct a detached garage <br />to serve a single family residence is consistent with the residential guiding of this property <br />and surrounding properties in the Comprehensive Plan. <br />B3. "Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used <br />in connection with the granting of a variance, means that: <br />i. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls." <br />ii. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner." <br />iii. The variance, if granted, will not alter the essential character of the locality." <br />The property owner is proposing to use the property in a reasonable manner but the specific <br />locational and surface & structural coverage aspects of the request are not permitted by the <br />Zoning Code. The plight of the property owner is due to having a house with an extremely <br />small and narrow lakeshore lot which is subject to standards expected of similarly located lots <br />of any size; the landowner did not create the small lot situation. Constructing a detached <br />garage as proposed is not anticipated to alter the character of the neighborhood, since detached <br />garages near the road are common in the Shadywood Road neighborhood. <br />B4. "Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been a factor in the variance approval determination. <br />B5. "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 />B6. "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 residence with <br />accessory buildings is an allowed use in the LR -1 C District. <br />B7. "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 />Page 4 of 7 <br />
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