09-14-2020 Council Packet - Laserfiche WebLink

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FILE #LA20-000049 17 August 2020 Page 4 of 6 demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. 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 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 §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. Due to the scope, some of the proposed variances are not in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and depth, and relationship with the surrounding properties. The right-of-way for Crystal Bay Road in this location is 66 feet wide, as the road travels west the right-of-way is not present which makes this property and the two neighbors unique. The house setback on the lake side is shown to be consistent with the neighborhood. Although not a lakeshore lot, the majority of the properties along Crystal Bay Road are lakeshore, and subject to the average lakeshore setback protecting views of the lake. The home meets side and rear setbacks which helps to provide the necessary open space. The hardcover level proposed is an improvement from the existing condition and is supported by the small lot challenges. 2. The variance is consistent with the comprehensive plan. A number of the type of variances proposed to develop a nonconforming lot of record are consistent with the comprehensive plan, such as lot area, rear setback, lake setback, and if necessary, some level of hardcover variance. However the hardcover and structural coverage levels proposed are inconsistent 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 on the substandard lot, within the required front setback appears to be reasonable as the property’s reduced size and orientation with respect to the Crystal Bay Road right-of-way, and adjacent properties creates difficulties. However, the requested structural and hardcover levels may be unreasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small size, location with respect to the right-of-way, and required setbacks prevent a residential footprint consistent with the neighborhood. There should be consideration for variance approvals from the hardcover limitation, the front setback, the side setback for the driveway and the lot area requirements. Nevertheless, the proposed hardcover and structural levels are not supported by practical difficulty; and c. The variance will not alter the essential character of the locality. The scale of the home footprint and hardcover requested should be reduced to be more in character with the immediate neighborhood. The lot area and width variances are requested in order to permit construction of a home, which are reasonable. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: