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Resolution 6694
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Reso 6600 - 6699 March 28, 2016 - November 28, 2016)
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Resolution 6694
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6/8/2017 10:54:46 AM
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12/14/2016 11:50:02 AM
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <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 owners are proposing to use the property in a reasonable manner by <br />constructing a modest size single family home with a minimally sized 2 -stall garage, but <br />the specific size and massing aspects of the request are not permitted by the Zoning <br />Code. <br />With respect to lot area and width, the substandard lot in single separate ownership is <br />a circumstance inherent to the lot and not created by the landowner. The lot is one of <br />the smallest Lakeshore lots in the neighborhood, due to the curvature of the lakeshore <br />and the relatively straight nature of Shadywood Road. A smaller home meeting the lot <br />coverage and hardcover standards could be designed for the property but would be <br />somewhat out of character with the surrounding neighborhood. <br />The character of the neighborhood is not likely to be significantly altered by <br />construction of the proposed home. Structural lot coverage for homes in the immediate <br />neighborhood ranges from approximately 14% to 28%, with a median and average of <br />approximately 20%. There is a relatively equal split between the number of homes with <br />attached garages and those with detached garages near the road. <br />B4. "Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been a factor in the variance approval determination. The <br />design of the proposed home is related to the need for functionality for the homeowner <br />including storage of vehicles and equipment, as well as providing for reasonably sized <br />living spaces. <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 is an <br />allowed use in the RR -1B District. <br />4 <br />
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