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Resolution 6642
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Reso 0001-7399
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Reso 6600 - 6699 March 28, 2016 - November 28, 2016)
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Resolution 6642
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8/1/2016 10:54:37 AM
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 64 2 <br />defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br />78." The Board of Appeals and Adjustments or the Council may not permit as a variance <br />any use that is not allowed under this Chapter for property in the zone where the affected <br />person's land is located. The proposed construction is an allowed use in RIA and in <br />the Northgate Two PRD. <br />B6. "The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." The fact that Northgate Two is a PRD <br />development makes this immediate neighborhood unique within the R -1A district and <br />these special PRD conditions are not generally found within the R -1A district. <br />B7 "The conditions do not apply generally to other land or structures in the district in which <br />the land is located.." The conditions applicable to this property apply to all other <br />building pads within the Northgate Two PRD neighborhood, but the condition of <br />having a lot sized as a building pad with common open space established to create the <br />normal setbacks is not common to the R 1A district in general. The lot coverage <br />standards imposed by the City ordinance do not specifically address the Northgate <br />Two PRD situation. <br />B8. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." The property rights of the owner will be <br />diminished if the variance is denied, since expansion of the residence meeting all <br />established Northgate Two PRD standards could not occur. <br />139. "The granting of the proposed variances will not in any way impair health, safety, comfort <br />or morals, or in any other respect be contrary to the intent of this chapter." Granting of the <br />variance would not impair health, safety, comfort or morals as it merely results in <br />allowing the expansion of the existing residence commensurate with other homes in <br />the neighborhood and has no net impact on the preservation of open space in the <br />neighborhood. <br />B10. "The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty." Granting of the lot coverage variance <br />will resolve a demonstrated practical difficulty created by the shape and size of the <br />PRD building pad. <br />CONCLUSIONS, ORDER AND CONDITIONS <br />Based upon one or more of the above findings, the Orono City Council hereby grants a <br />variance to Orono Municipal Zoning Code Section 78-1403 to allow lot coverage by structures <br />Page 4 of 6 <br />
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