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Resolution 6597
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Reso 6500 - 6599 May 11, 2015 - March 14, 2016
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Resolution 6597
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6/3/2019 10:55:32 AM
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3/17/2016 9:16:00 AM
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />6597 <br />3. "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 in <br />connection with the granting of a variance, means that: <br />a. 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 />The request to permit construction of portions of the proposed home lakeward of the <br />average lakeshore setback line appears to be reasonable;the mature vegetation and <br />topography separate the Property from the immediately adjacent neighbors. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The sub -standard size of the Property is not the result of actions by the Applicants. <br />The neighboring home to the north is set back further from the lake than most of <br />the surrounding homes resulting in the severe average lakeshore setback applied <br />to the Property. <br />c. The variance, if granted, will not alter the essential character of the locality. " <br />The minor nature of the lot area and lot width variances will not alter the character of <br />the neighborhood. It does not appear that the requested variance to permit portions <br />of the new home lakeward of the average lakeshore setback line will adversely impact <br />views of the lake currently enjoyed by the adjacent property owners. <br />4. "Economic considerations alone do not constitute practical difficulties." The Applicants have <br />not requested consideration for economic reasons. <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 criterion 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." Construction of a single family residence on the Property in a residential zone is <br />consistent with the Zoning Code and the Comprehensive Plan. <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 criterion is not applicable. <br />
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