Resolution 6866 - Not Passed - Not Recorder - reference only

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iLOAT t lliL t4CITY OF ORONO RESOLUTION OF THE CITY COUNCIL G` NO. 6 8 6 6 kESH0°. 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 request to permit modification of the roof lakeward of the average lakeshore setback and within the 75-foot lake setback appear to be reasonable as the owners of the adjacent properties previously stated no objection to the plans; the mature vegetation, topography, and home orientation separate the Property from the adjacent neighbors. This criterion is met. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Based on the curvature of the shoreline, the Property, and therefore the subject home, extends further into the lake than the neighboring properties. Also because of the shoreline curvature, the home to the north is set back further from the lake than the subject home resulting in the severe average lakeshore setback applied to the Property. This criterion is met c. The variance, if granted, will not alter the essential character of the locality." The requested variances will not result in the subject home being out of character with the neighborhood; will not expand the footprint of the home; or result in additional encroachment into the setbacks toward the lake. This criterion is met. 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. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for improvements to a residential structure is an allowed use in the LR-1A Zoning District. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."This condition is not applicable. 3