Laserfiche WebLink
FILE#LA19-000004 <br /> 19 Feb 2019 <br /> Page 5 of 6 <br /> neighborhood. The proposed hardcover level and necessary grade correction <br /> are unique to the property; and <br /> c. The variance will not alter the essential character of the locality. The variances <br /> are requested in order to permit construction of a home designed to fit the <br /> character of the neighborhood according to the submitted information. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a 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 /> 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 residence is an allowed use in <br /> the LR-1C 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 property's substandard size and <br /> orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties <br /> creates difficulties which also apply to many of the properties in the same <br /> neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The property's substandard size and orientation with respect to the <br /> lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which also <br /> apply to many of the properties in the same neighborhood. However the past grade <br /> manipulation by installing retaining walls is unique to this property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting lot area, lot width, rear yard and <br /> lake setback variances are necessary for the preservation of the property right of the <br /> applicant. The hardcover, driveway width, and proposed building height variances are <br /> also necessary to the preservation of this same property right. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested hardcover, driveway width, height, lot area, lot width, rear yard and lake <br /> setback variances in this unique situation is not contrary to the intent of the zoning <br /> chapter. <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 variances for lot width,lot area,and <br /> lakeshore setback are necessary, and do not merely serve as a convenience to the <br /> applicant.The additional variances are also necessary as the property has considerable <br /> practical difficulties affecting development. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br />