03-12-2018 Council Packet - Laserfiche WebLink

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FILE #LA18-000004 20 Feb 2018 Page 3 of 4 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 cabin is an allowed use in the RS District. This criterion is met. 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 is an existing lot of record and contains a large number of mature trees for screening. The topography of the property increases as it moves away from the lake and the owner feels the proposed additions to the cabin are logical and will not adversely impact adjacent properties. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is situated at the northwestern most point of the island. The applicant's proposal does not appear to be out of character with the area. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. This statement is true. 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. The proposed cabin additions will not impair the health, safety, comfort or morals of the public. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. This statement is true. 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. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds due to the nature of the lot at the point of the island there are practical difficulties supporting granting the average lakeshore setback variances for the cabin. The applicant's desire to utilize the existing footings from the old cabin is consistent with the previous owner's plan to keep to the historic footprint of the cabin. The location of the existing cabin situated right at the lake setback on the north side may serve as a practical difficulty for the owner.