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FILE#LA21-08 <br /> February 16,2021 <br /> Page 4 of 5 <br /> 2. The variance is consistent with the comprehensive plan. The proposed use of the lot for <br /> residential purposes is consistent with the Comprehensive Plan, as is the preservation <br /> of lake views and Shoreland management. <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 placement of the house is a reasonable <br /> location given the intent of the ordinance to preserve views, and manage <br /> sensitive environmental concerns. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the location of the neighboring house, the presence of a tributary, and the <br /> previous discussions of a 'new'ALS where not created by the land owner and <br /> c. The variance will not alter the essential character of the locality. The <br /> encroachment into the ALS will not impact 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 /> 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 single family residential is a permitted use <br /> in the LR-1A zoning 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 previous discussion regarding a 'new' <br /> ALS is reflected in lakeshore subdivisions. The fact that this new ALS was not recorded <br /> as part of any of the final documents is unique to the subject parcel. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The extreme distance for the proposed ALS, due to the <br /> improvements on the lot to the east,770 Brown Road only apply to this lot because the <br /> neighboring lot to the west, 1875 Lakeside Trail,is vacant. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The tributary and its 75' setback limit <br /> buildable sites consistent with the character of the neighborhood. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals,or in any other respect be contrary to the intent of this chapter.The proposed <br /> encroachment is not anticipated to impair any health or safety goals of the city. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The variance is permitting a buildable <br /> site that was intended to be approved as part of this subdivision. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br />