Laserfiche WebLink
FILE#LA21-000016 <br /> 15 March 2021 <br /> Page 4 of 5 <br /> 2. The variance is consistent with the comprehensive plan.The variances support additional <br /> development within the lake yard and into the average lake shore setback,all inconsistent <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 hardcover variance is requested to <br /> alleviate a poor home design identified by the applicant and facilitate the creation <br /> of more private outdoor space The variance requests to allow expansion of the <br /> hardcover and building within setbacks is unreasonable and is not supported <br /> by the practical difficulties. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The configuration and shape of the lot were not created by the owners. <br /> Variances were granted in 2000 to construct a new home on the property <br /> (Resol. No. 4430 attached as Exhibit However the uniqueness found in the <br /> shape,size,and proximity to the lake are not difficulties which support granting <br /> of additional variances to further expand the nonconformities on the property; <br /> and <br /> c. The variance will not alter the essential character of the locality. The setback and <br /> hardcover variances requested will alter the essential character of the <br /> neighborhood and when the property is viewed from the lake. <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 residential improvements are an allowed <br /> use in the LR-1B 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 lot shape, and depth, and the home's <br /> proximity to the lake are particular to this property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The setbacks of adjacent homes in this neighborhood are somewhat <br /> similar to this lot. The conditions specifically impacting this property (lot depth and <br /> shape, home proximity to the lake, and the street frontage on two sides do not <br /> generally apply to the other properties in the LR-1B district. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The owners indicate that granting the <br /> variances are necessary for the preservation of their property right. However, their <br /> property right is established by home and existing improvements on this substandard <br /> lot. <br /> • <br />