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FILE#LA19-000021 <br /> 15 April 2019 <br /> Page 3 of 4 <br /> the topography, the bluff setback, and vehicle access resulting in the <br /> substandard rear yard setback of the home;and <br /> c. The variance will not alter the essential character of the locality. The rear yard <br /> setback variance will not alter the character of the neighborhood.The home is <br /> situated at a lower elevation than the road; it does not appear that the <br /> requested setback variance to permit the addition will be visible from North <br /> Shore Drive, impact drainage, or adversely impact the adjacent property <br /> owners. <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 residential home is an allowed use in the <br /> LR-1B 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 nonconforming lot area and <br /> substandard lot width of the property is not uncommon in the surrounding <br /> neighborhood, nor is the bluff topography. The setback into the required rear yard is <br /> not out of character with the immediate 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 majority of the homes along this shoreline are set back closer to <br /> North Shore Drive based on the topography and are generally in line with each other. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting the rear yard setback variance is <br /> necessary for the preservation of the property right of the applicant. <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 rear yard setback variance in this unique situation is not contrary to the <br /> intent of the zoning 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 depth of the Property, the <br /> topography, and location of the existing home create practical difficulties affecting the <br /> Property;the variance is necessary and does not merely serve as a convenience to the <br /> owners. <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 /> permitted in this chapter in the district where such land is located. <br /> Practical Difficulties Statement <br />