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FILE#LA20-000070 <br /> 16 November 2020 <br /> Page 3 of 5 <br /> The applicant's proposed additions will not encroach into the 75-foot setback, and will be <br /> conforming with respect to side yard setback, and hardcover and structural coverage limitations. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health,safety and welfare of the community, existing and anticipated <br /> traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br /> property in the surrounding area. The Planning Commission shall consider recommending approval <br /> for variances from the literal provisions of the Zoning Code in instances where their strict <br /> enforcement would cause practical difficulties because of circumstances unique to the individual <br /> property under consideration, and shall recommend approval only when it is demonstrated that <br /> such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic <br /> considerations alone do not constitute practical difficulties. Practical difficulties also include but <br /> are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be <br /> granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 2, when in <br /> harmony with this chapter. The board or the council may not permit as a variance any use that is <br /> not permitted under this chapter for property in the zone where the affected person's land is <br /> located.The board or council may permit as a variance the temporary use of a one-family dwelling <br /> 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 /> requested average lakeshore setback variance is in harmony with the Ordinance as the <br /> adjacent neighbors'views of the lake will not be impacted by the improvements. <br /> 2. The variance is consistent with the comprehensive plan.The variances resulting in a permit <br /> for construction of an addition to an existing single family residence in a residential zone <br /> are consistent 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 /> improvements lakeward of the average lakeshore setback appears to be <br /> reasonable; the unique lagoon shoreline, location of the neighboring home, and <br /> home orientation separate the Property from the adjacent neighbors. <br /> b. There are circumstances unique to the property not created by the landowner; The <br /> location of the existing home, the orientation and location of the neighboring <br /> homes, and the character of the lake shoreline with the lagoon on the north are <br /> conditions not created by the landowner; and <br /> c. The variance will not alter the essential character of the locality. It does not appear <br /> that the requested average lakeshore setback variance to permit an addition to <br /> the home will adversely impact views of the lake currently enjoyed by the adjacent <br /> property owners or alter the character of the locality. <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 />