Laserfiche WebLink
CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 7 9 6 <br />family residence with lake access stairs in a residential zone are consistent with the <br />Comprehensive Plan. <br />3. "Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in <br />connection with the granting of a variance, means that: <br />a. The property owner in question proposes to use the property in a reasonable manner, <br />however, the proposed use is not permitted by the official controls. <br />The property owner is proposing to use the site in a reasonable manner by <br />proposing to build a new home that results in less hardcover then what <br />currently exists on the site. The property owners are working to use the site <br />the way it was intended for single family use. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The sub -standard size of the property was not the result of actions by the <br />landowner. The lake yard setback variance request to add retaining walls <br />within the 0-75 setback should address the addition of the set -in -grade stairs <br />which helps to speak to the owners' stated drainage and erosion issues from <br />neighboring lots. The neighboring storm water drainage encroachment is <br />outside of the owner's control. To gain access to the lake the landowner's <br />state stairs are necessary and reasonable. The proposed stairs to lake <br />access are a reasonable to allow for a hardcover variance for this property; <br />the applicant is building and designing a new home; <br />c. The variance, if granted, will not alter the essential character of the locality. " <br />The lot area and width variances will not alter the character of the <br />neighborhood; a home previously existed on the property. The lake yard <br />setback variance and hardcover variance will not alter the character of the <br />area. <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 />