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FILE#LA20-000037 <br /> 15 June 2020 <br /> Page 4 of 5 <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br /> proposed variances are in harmony with the purpose of the Ordinance.The substandard <br /> lot have difficulties in its small size and depth, and proximity to the lake to permit <br /> redevelopment.The house is set back approximately 6 feet further from the lake than <br /> is required by the average lakeshore setback, protecting views of the lake for adjacent <br /> properties and limiting driveway hardcover. <br /> 2. The variance is consistent with the comprehensive plan. The number and type of <br /> variances proposed to develop this nonconforming lot of record are consistent with the <br /> comprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; the request to permit construction of the <br /> home on the substandard lot is reasonable. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The substandard size is an existing condition and there is no available land with <br /> which to make the property conforming. There should be consideration for <br /> variance approvals from the lot width and area requirements. The house has <br /> been moved away from the lake in an attempt to limit the additional hardcover; <br /> 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,which is reasonable. <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 a residential home is an allowed use in the <br /> LR-1C 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 creates <br /> difficulties which also apply to many of the properties in the same neighborhood.The <br /> proposed hardcover level is not out of character. <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 creates difficulties which also apply <br /> to many of the properties in the same neighborhood. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting lot area and lot width variances <br /> are necessary for the preservation of the property right of the applicant.The <br />