Resolution 6581 - Not Fully Executed

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CITY Of ORONO RESOLUTION OF THE CITY COUNCIL NTO, .6581 B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The condition of having a detached garage on relatively narrow lakeshore lots in the Shadywood Road area is common; however, this lot is narrower than most other lakeshore lots along Shadywood Road, and presents a unique set of conditions for development of the site. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The unusually narrow width of the property is not common in the Shadywood Road area nor in Orono generally, and therefore the conditions imposed by the City ordinances are difficult to meet. B10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Having a garage in Minnesota is generally necessary for the preservation and enjoyment of a substantial property right. B 11. "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." While the property contains an existing detached garage, its location and driveway configuration do not provide for safe access to Shadywood Road, and granting the variances will allow for a safer access, enhancing safety rather than impairing it. B12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting the variances in order to have a garage is necessary to alleviate a demonstrated practical difficulty due to the unusually small lot size. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-350 to allow construction of a detached garage located 5 feet from the side lot line where a 10' side setback is normally required; and a variance to Section 78-1403 to allow structural coverage on the property of 1,875 s.f or 20.2 % where only 1,500 s.f. of structure is normally allowed; and a variance to Section 78-1700(1) to allow 32.8% hardcover on this Tier 1 property where only 25% hardcover is normally allowed; subject to the following conditions: 1. Council approval is based on the survey and garage concept design submitted by the Owners and annotated by City staff, attached to this Resolution as Exhibit A, and the approved hardcover calculation worksheet attached as Exhibit B. The garage shall be Page 5 of 7