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�-��p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� G�,� No. 6 8 0 1 <br /> �`�kESHp4�' <br /> upon the health, safety and welfare of the community, existing and anticipated traffic <br /> conditions, light and air, danger of fire, risk to the public safety, and the effect on values <br /> of property in the surrounding area. <br /> ANALYSIS: <br /> 1. "Variances shall only be permitted when they are in harmony with the general purposes <br /> and intent of the ordinance . . . ." The rear yard setback variance requested for the home <br /> is in part due to the shape and size of the Property. The effort to move the house further <br /> from the lake results in the encroachment on the required rear yard, which may not be <br /> reasonable considering the slope, proximity to the adjacent home, and the City's desire to <br /> protect the lake from unnecessary storm water runoff. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The Property along with all property surrounding it is guided in the <br /> 2000-2030 Orono Community Management Plan (Comprehensive Plan) for single family <br /> residential use. "The key goal of the City's Comprehensive Plan is to protect Lake <br /> Minnetonka, which includes the preservation of the natural character of the lakeshore and <br /> the water quality of the lake." Grading and development on this small lot will be in conflict <br /> with many of the goals and policies contained within the Comprehensive Plan, including <br /> but not limited to the following: Environmental Protection Plan, Genera/Policy 8: Granting <br /> of the variances will result in overcrowding of the lakeshore. <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 pe►mitted by the official controls. <br /> The Applicant is proposing to use the Property for residential purposes, but <br /> requires four (4) variances to site the house. Granting a substantial number and <br /> degree of variances for that use is not reasonable given the unique site <br /> background and characteristics. The Council has approved 3 of the requested 4 <br /> variances and the applicant has a building pad that would allow them to construct <br /> a home on the property. <br /> b. The plight of the/andowner is due to circumstances unique fo his property not created <br /> by the/andowner. <br /> The Property was platted before existing codes were enacted. While not created <br /> by the landowner, this circumstance is not unique, as a majority of the developed <br /> 3 <br />