Resolution 6796 - Laserfiche WebLink

Home Browse Search

.ON CITY OFb OI 9R06 NO y1q8'Gp RESOLUTION OF THE CITY COUNCIL IL NO. ' SHOQ' family residence with lake access stairs in a residential zone are consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The property owner is proposing to use the site in a reasonable manner by proposing to build a new home that results in less hardcover then what currently exists on the site. The property owners are working to use the site the way it was intended for single family use. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The sub-standard size of the property was not the result of actions by the landowner. The lake yard setback variance request to add retaining walls within the 0-75 setback should address the addition of the set-in-grade stairs which helps to speak to the owners' stated drainage and erosion issues from neighboring lots. The neighboring storm water drainage encroachment is outside of the owner's control. To gain access to the lake the landowner's state stairs are necessary and reasonable. The proposed stairs to lake access are a reasonable to allow for a hardcover variance for this property; the applicant is building and designing a new home; c. The variance, if granted, will not alter the essential character of the locality." The lot area and width variances will not alter the character of the neighborhood; a home previously existed on the property. The lake yard setback variance and hardcover variance will not alter the character of the area. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access 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." This condition is not applicable. 3