09-14-2020 Council Packet - Laserfiche WebLink

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FILE #LA20-000049 17 August 2020 Page 5 of 6 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. 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 Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size, width, depth, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The setbacks are not out of character. The proposed structural and hardcover levels 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size and width, including the unique non- lakeshore status on this roadway creates difficulties which apply to very few properties along Crystal Bay Road. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area, lot width, front and driveway setback variances are necessary for the preservation of the property right of the owners. The variances for the hardcover and structural coverage levels proposed are a request beyond preservation of a basic property right. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting some level of hardcover variance, the driveway setback, lot width and area, and front setback variances in this unique situation are not contrary to the intent of the zoning chapter. However the proposed levels of structure and hardcover is not supported by practical difficulty and may be contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variances for lot area, lot width, driveway and front setback including some more appropriately scaled level of hardcover variances are necessary, and do not merely serve as a convenience to the applicant. The additional variances for hardcover and structure as proposed would be strictly for the convenience of the property owner and unsupported by practical difficulties. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located.