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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. A9. In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARIANCE ANALYSIS: Bl. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: I. The variance is in harmony with the general intent and purpose of the Ordinance. The ordinance is intended to reduce lake impacts (lake yard and structural coverage) and massing (structural coverage and rear yard setbacks). The proposed two story homes presence will be mitigated by the fact the home is fairly secluded, the primary access is via a dead end gravel driveway (which this house is the second from the end) and the adjacent Crystal Bay Road is separated from the improvements with riparian vegetation and steep slopes. 2. The variance is consistent with the comprehensive plan. The variance allows the redevelopment of the single family lot, this improvement is consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner desires to construct a new 2,299 square foot home, replacing a 1,781 square foot home on a lot that has approximately 2,400 square feet of buildable area. The planned expansions outside of this area are not out of character with recent variances in the area, notably for the house to the south. b. There are circumstances unique to the property not created by the landowner; The slope of the lot toward the lake, the location of Crystal Bay Road, and the location of the existing watermain, all influence the buildable area for the lot, none of which was created by the landowner; and c. The variance will not alter the essential character of the locality. Many of the homes in the immediate area require some level of variance to improve the property. The two lots on either side of the subject property have obtained variances over the years. Most recently, the lot to the south received a variance from the lake yard, the average lake, rear yard and lot coverage in 2014. The new home as proposed is 2 story with a ground floor walk out. The home appears to be consistent in scale with the homes on either side, though there are smaller homes in the neighborhood. Page 3 of 6