Laserfiche WebLink
LA19-000049 <br /> August 19 2019 <br /> Page 4 of 6 <br /> orientation with respect to the lakeshore. The hardcover and retaining walls <br /> proposed within the lake yard appear to be reasonable. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The lake and its inlet limit the building envelope for the property. The <br /> surrounding lakeshore is unique property feature of the lane and <br /> c. The variance will not alter the essential character of the locality. The variances <br /> are requested in order to permit construction of a home designed to fit the <br /> character of the neighborhood according to the submitted information. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located.This condition is not applicable,as the use for a single family home is an allowed <br /> use in the LR-1A District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The property's substandard size and <br /> orientation with respect to the lakeshore creates difficulties which may also apply to <br /> properties in the same neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The property's substandard size and orientation with respect to the <br /> lakeshore creates difficulties which may also apply to properties in the same <br /> neighborhood. However, the location of the lake surrounding the building envelop is <br /> very unique to this property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Granting a lot area,side yard and lake setback <br /> variances are necessary for the preservation of the property right of the application. <br /> The retaining walls in the lakeyard and average lakeshore setback, hardcover for the <br /> patio variances facilitate the use of the property for the new home and are necessary <br /> for the preservation of the property. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested variances in this unique situation is not contrary to the intent of the zoning <br /> chapter. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty.The variances do not merely serve as a <br /> convenience to the applicant. The variances are necessary as the property has <br /> considerable practical difficulties affecting development. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br />