#6762-variances/CUP-2017 - Laserfiche WebLink

Home Browse Search

��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�, `,� xo. b76Z `'�xESHo�`` r+sp/acing exfstin8 very simflar encroachments,no impact to the characfier of the neighboritood wlll resul� B4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The avera8e setback encroachments are a factor unique to thls property because of fhe unusually large/ake setback of the neighboring property t�o the wesL 65. The conditions do not apply generally to other land or structures in the district in which the land is located. The standarols applicab/e to this properfy app/y to all other properly!n the neighbafiood;how�ever, d�e condit�ons whtch require the varlance ar+e unlque to hls properly. B6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has a ri8ht to malntaln the existfn8 amenftles invo/ved,but they have deteriorated to a pofnt where they need fo be rep/aced. Proposed r�ep/acement wlll actually resu/t in condensing the footpnint of the encroachments. B7. The granting of the proposed variances will not in any way impair heaith, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. GrantinA of the area and width vaNances wou/d not impafr hea/th, safety, carnfort or morals and w�oWd not be contrary the int�ent of the zon/n8 code. B8. The granting of such variances will not merely serve as a convenienoe to the applicant, but is necessary to alleviate demonsUable d'�Ff'iculiy. Gra�fng of the averege setback variance will a//eviat�e a practica/ dfRfculty by allowin8 the properly owner to r�ep/ace exisdn� deter�orated amen�es with new very similar amenfiies making for a safer situat�on. B9. Eoonomic considerations alone do not constitute practical difficu�ies. The Appllcant has not requested consideration based on economic reasons. B10. Practical difficulties also include but are not limited to inadequate acoess 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. Thls crlterion!s no!applfcab/e. B11. The board or the counal may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. Thls criterfon!s not applicable. B12. 1"he board or oouncil may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Thls cNterfon 1s not applicab/e. CONDITIONAL USE PERMIT ANALYSIS On the basis of the application and the evidence submitted, the City Council finds that the proposed use at the proposed location is or will be: 4