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Resolution 6825
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Reso 6800 - 6899 (October 23, 2017 - September 24, 2018)
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Resolution 6825
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2/27/2018 2:43:18 PM
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1/9/2018 11:19:29 AM
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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 6825 <br />screen porch encroachment into the average lakeshore setback does not block their views <br />of the lake; therefore this criterion is met. <br />2. "Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan." The variances permitting the construction of the screen porch less <br />than 75 feet from the cove side of the Property, and within the average lakeshore setback <br />in a residential zone, all while not blocking views are consistent with the Comprehensive <br />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 request to permit construction of the screen porch within the 75 foot setback <br />appears to be reasonable as the size of the encroachment is minimal (4.5 square <br />feet of structural hardcover) and the unnatural curve of the shoreline causes the <br />extreme setback. The encroachment lakeward of the average lakeshore setback <br />line is supported by neighbors. The adjacent property owners have indicated that <br />they will not be adversely impacted. This criterion is met. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The unique configuration of the cove was not created by the land owner. The <br />impact of the addition when viewed from the lake because of the cove in front of <br />the Property is minimal and consistent with the comprehensive plan. This criterion <br />is met. <br />c. The variance, if granted, will not alter the essential character of the locality. " <br />The location of the screen porch addition in the existing location does not alter the <br />character of the locality. This criterion is met. <br />4. "Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been the only 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 />
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