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Resolution 6775
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Reso 6700 - 6799 (November 28, 2016 - October 9, 2017)
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Resolution 6775
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6/18/2019 2:23:30 PM
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6/28/2017 1:58:48 PM
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 67 75 <br />4. "Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been a factor in the variance approval determination. <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 condition 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." This condition is not applicable, as the use for a residence is an allowed use in <br />the LR -1 B District. <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 condition is not applicable. <br />8. "The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." The topography, lot area, lot width, and the <br />garage's proximity and orientation to the property line are special conditions unique to the <br />Property. <br />9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The topography, which drops off steadily as you move toward the lake, <br />the lot width narrowing from the lake toward the road, as well as the nonconforming <br />location of the garage on the lot make the Property unique. <br />10. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." Options for a conforming connection to the <br />existing garage are severely limited on the Property. The defined height variance, lot <br />width, lot area, hardcover, and setback variances for the house are necessary to <br />preserve the rights of the applicants. <br />11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter." Granting the <br />requested variances for the home will not adversely impact health, safety, comfort, or <br />morals; nor will it be contrary to the intent of the Code. <br />12. "The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty." The lot width; the location, height, and size <br />of the existing garage to be connected to; as well as site topography, create practical <br />
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