01-09-2017 Council Packet - Laserfiche WebLink

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The variance will not alter the essential character of the locality. The property across the channel is vacant and owned by Hennepin County. The proposed home and garage will likely not result in a negative impact on the character of the neighborhood. The property is not apparently visible from Shadywood Road, and the existing tree and fenceline along the channel provide screening. In staff's opinion, this criterion is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The home and garage must be elevated out of the area of 1% annual chance of flooding. Orono Code requires the elevated fill extend at least 15 feet from the structure's perimeter; due to the effective width of the Property the 15 -foot fill extension is not feasible. The resulting plan is not out of conformance with the general neighborhood and will not result in a negative impact to the adjacent properties. The setbacks proposed for the detached garage will not result in a negative impact to adjacent properties. 5. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant's property is unique in that there are lakeshore setbacks on two sides, and the property sits below Shadywood Road. Additionally, the proposed home and garage are located partially within the area of 1% annual chance of flooding. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff believes this to be true. 7. 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. In staff's opinion, this criterion is met. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Due to the lakeshore setbacks there does not appear to be enough width available on the property to result in a functional width home which conforms to the 15 -foot fill requirement. The nearly in-kind reconstruction of the existing detached garage is located in a logical spot on the property. The site constraints serve as a practical difficulty. 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. Page 2 of 2