04-24-2017 Council Packet - Laserfiche WebLink

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FILE # 17-3917 20 Mar 2017 Page 4 of 6 Variances shall be granted for earth -sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. 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 lot width and lot area variances are consistent with the general intent of the Ordinance. The requested average lakeshore setback variance is in harmony with the Ordinance as the only adjacent neighbor sits at a higher elevation and their lake views will not be impacted by the new home. The applicants are also the owners of the adjacent lakeshore property. The side street setback variance requested for the home and pool are reasonable considering the shape and buildable width of the property. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence with a residential pool in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of the home and pool in the proposed location, within the side street setback and lakeward of the average lakeshore setback, appears to be reasonable as the property's triangular shape creates a difficulty and owners are also the owners of the adjacent. b. There are circumstances unique to the property not created by the landowner; The sub -standard size and shape of the Property were not the result of actions by the landowner. The orientation of the Property, the shape of the property, and the size of the property combined with the curvature of the shoreline almost no buildable area on the Property; and c. The variance will not alter the essential character of the locality. The lot area and width variances will not alter the character of the neighborhood. It does not appear that the average lakeshore setback variances to permit the new home, pool, and elevated terrace will adversely impact views of the lake currently enjoyed by the adjacent property owners. Additionally, the requested side street setback variance for the home and pool offer greater separation from the right-of-way than the current home. 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 residence and pool are allowed uses in the LR -1113 District.