Laserfiche WebLink
Metadata
Document management portal powered by Laserfiche WebLink 9 © 1998-2015 Laserfiche. All rights reserved.
CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6 8 17 <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 />6. "The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located." This condition is not applicable, as the use for a single family home is an <br />allowed use in the LRAC District. <br />7. "The board or council may permit as a variance the temporary use of a one -family dwelling <br />as a two-family dwelling." This condition is not applicable. <br />8. "The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." The small building envelope with the <br />substandard lot, and the right of way that passed through the lake yard of the <br />property create a difficulties that are unique to the property. <br />9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." Crystal Bay Road is relatively unique within the LR -1C district due to <br />the shallowness and narrowness of the lots, the road location, the proximity to the <br />lake, and the existing Hennepin County Rail property to the rear. <br />10. "The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant." Staff finds this to be true to allow for the <br />upper addition of the home and to address the driveway access for the garage. The <br />Commission should discuss whether the applicant has satisfied the practical <br />difficulty requirements to support the variance from the average lakeshore setback. <br />11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter." Granting the <br />requested variances will not adversely impact health, safety, comfort, or morals; <br />nor will it be contrary to the intent of the Code. <br />12. "The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty." The applicant has stated additional <br />living space will alleviate a practical difficulty relating to the existing space within <br />the home on the property. The property is unique in size as well as location between <br />Crystal Bay Road and a regional trail. <br />CONCLUSIONS. ORDER AND CONDITIONS: <br />