04-08-2019 Council Packet - Laserfiche WebLink

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FILE # LA19-000007 18 March 2019 Page 4 of 5 b. There are circumstances unique to the property not created by the landowner; The nonconforming lot size, the existing home’s location with respect to the lake and the neighboring home locations prevent a residential footprint consistent with the neighborhood. The proposed overall hardcover level is conforming. The circumstances are unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 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 a residential home is an allowed use in the LR-1B 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. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size and orientation with respect to the lakeshore, and the setback from the lake of the adjacent homes creates difficulties for the Owners in redeveloping the property consistent with the homes in their neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s nonconforming size and the relationship between the existing home and the setback of the adjacent properties create difficulties for the owners. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, hardcover, average lakeshore and lake setback variances are necessary for the preservation of the property right of the applicant. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested hardcover, lot area, lot width, average lakeshore setback and lake setback variances in this unique situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The requested variances for lot width, lot area, and setback are necessary, and do not merely serve as a convenience to the applicant. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located.