#6767-variances-2017 - Laserfiche WebLink

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��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �F G�� No. � 7: 6 7� lqkESHO4� 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonab/e manner, however, the proposed use is not permitted by the official controls. The request to permit construction of a Generator within the lake setback and possibly within the wetland setback appears to be reasonable as the adjacent properties will not be adversely impacted; the uniqueness of the shape and orientation of the Property create separation from the adjacent neighbors; the proposed Generator will be located near an existing public utility improvement. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The unique shape of the Property was not the result of actions by the landowner. The Generator will not result in diminished lake views enjoyed by neighboring properties. c. The variance, if granted, will not alter the essential character of the locality." The lake setback, hardcover, and wetland setback variances will not alter the character of the neighborhood; there is an existing utility improvement on the Property situated at a similar setback and location. It does not appear that the requested variance to permit the Generator within the lake setback will adversely impact views of the lake currently enjoyed by the adjacent property owners. The lake setback and hardcover variances are reasonable and necessary as the most logical location for the Generator is adjacent to the existing secondary driveway near the existing City utility improvements. The topography of the Property creates difficulties in moving the improvement to meet the 75-foot setback. The hardcover for the Property is below 25% and the new hardcover is mitigated by the excess greenspace on the Property. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78."This condition is not applicable. 3