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FILE#LA20-000022 <br /> 21 September 2020 <br /> Page 5 of 10 <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 /> lot width and area variances requested are consistent with the general intent of the <br /> Ordinance. The lake setback and hardcover variances are reasonable and necessary as <br /> the highest points of the property for construction of the home above the 1%annual <br /> chance floodplain are located toward the lake. <br /> 2. The variance is consistent with the comprehensive plan. The variances resulting in a <br /> permit for construction of a single family residence in a residential zone are consistent <br /> with the 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 <br /> portions of the proposed home on a substandard lot within the 75-foot <br /> setback appears to be reasonable;the floodplain grading appropriately <br /> elevates the home and the required 15-foot grade elevation is met on areas of <br /> the plan, in order to provide the full protection intended by the Code,the <br /> entire building should meet the standard, providing flood protection as <br /> intended. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The major presence of the 1%annual chance floodplain on the property <br /> creates increased difficulties in locating a conforming building elevation and <br /> location.The new house will be properly elevated out of the floodplain based <br /> on the required RFPE. However the necessary 15-foot bench around the home <br /> is not met in all areas.The sub-standard size of the Property was not the result <br /> of actions by the landowner.The natural high area on the property is more <br /> toward the lake necessitating home and patio placement partially within the <br /> 75-foot setback; and <br /> c. The variance will not alter the essential character of the locality. The lot area <br /> and width variances will not alter the character of the neighborhood;the lake <br /> setback and hardcover variances are reasonable and necessary as the highest <br /> points of the property for construction of the home above the 1%annual <br /> chance floodplain are located toward the lake.The hardcover is mitigated by <br /> the proposed landscape plan for the property. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may <br /> be granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have alone not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct <br /> sunlight for solar energy systems.Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono <br /> City Code Chapter 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 <br /> under Orono City Code Chapter 78 for property in the zone where the affected person's <br /> land is located.This condition is not applicable, as residential home is an allowed use <br /> in the LR-1A District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family <br /> dwelling as a two-family dwelling. This condition is not applicable. <br />