#6712-variance-2016 - Laserfiche WebLink

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, ��o CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ��1' ��G�� No. � 7 1 2 kESH� A 10. The solution to avoid the need for individual variances resulting from the timing and location of each successive house construction is to grant a blanket variance, establishing conditions of approval that will ensure an appropriate review process in the event of a potential view encroachment. Subject to appropriate conditions,the granting of an average lakeshore setback variance for each of the Lots will meet the intent and spirit of the Ordinance while avoiding the need for individual Lot owners to apply for a variance for a newly platted Lot. A11. In considering this application for variance, the Council has considered the advice and recoxnmendation 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: According to MN §462.537 Subd. 6(2) variances sha11 only be pernutted when the following standards are sadsfied(findings applicable to a117 Lots are in bold text): B 1. The variance is in hannony with the general intent and purpose of the Ordinance. Single family homes and the associated amenities are permitted uses in the RR 1B distric�'�he average lakeshore setback ordinance is intended to protect neighboring properties' views of the lake. Granting of the variances with conditions will maintain those views. B2. The variance is consistent with the comprehensive plan. Granting of the variance with conditions will be consistent with the intent of the comprehensive plan to protect lake views. B3. The applicant establishes that there are practical difficulties: a. The property owners propose to use the property in a reasonable manner not permitted by the official controls. The Lot owners are proposing to use their properties in a reasonable manner by constructing new homes in a configuration wluch while not strictly meeting the provisions of the ordinance will effectively meet the intent of the ordinance. b. There are circumstances unique to the properties not created by the landowners. The varied topography, requirements for tree preservation, and the location of weflands, stormwater ponds, septic sites, and driveways are unique factors to this subdivision wluch result in the limited possibilities for placement of homes within each Lot None of these factors were created by the Lot owners.