07-09-2018 Council Packet - Laserfiche WebLink

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FILE #LA18-000056 18 June 2018 Page 3 of 4 According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances are minimal and designed to appear as grass or pervious areas and generally consistent with the intent of the ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 3. The applicant establishes that there are practical difficulties. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The owner proposes to install Improvements which are residential in nature and reasonable from a residential scope.This criterion is met. b. There are circumstances unique to the property not created by the landowner; The owner has proposed a solution which will protect against failure of the slope. The existing slope of the lake yard was not a result of actions by the owner; and c. The variance will not alter the essential character of the locality. The variance to permit structure within the 75 -foot setback will help to maintain the existing slope and character of the locality. This condition is met. 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 improvements are necessary for access and 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. The slope is beginning to erode and walkway have become unsafe creating conditions which do not apply to adjacent properties. 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. Granting a lake setback variance to allow the retaining walls within the 75 -foot lake setback and hardcover in the lakeyard is reasonable and necessary to preserve the property rights of the owner for access and supported by the vulnerable lake yard slope on the property.