02-08-2021 Council Packet - Laserfiche WebLink

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LA20-000077 January 19, 2021 Page 3 of 4 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 add a chimney to a new home within the average lakeshore setback does not appear to be reasonable as the current property has an open building permit and plans that meet all the City Codes with adequate use of the lot for a single family home. b. There are circumstances unique to the property not created by the landowner; The owner’s desire to add a chimney for a wood burning fireplace within the average lakeshore setback to the home is a condition created by the landowner, however the average lakeshore setback line was not created by the property owner and c. The variance will not alter the essential character of the locality. A chimney is a noticeable, but common feature on a home. Adding a chimney would not alter the character of the area. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 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 single family 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 average lakeshore setback is peculiar for the property with a neighbor’s home located behind the applicants home, creating an extreme setback line. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The extreme location of the average lakeshore setback line in unique to this property creates a difficulty for additions to the property. The council has approved a variance to allow the construction of a new home on the property for reasonable use of the lot. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The council approved a hardcover and average lakeshore setback variance in 2019 (LA19-000048) to allow the construction of a new home on the property. This request for a variance is to allow revisions including a chimney to the home. The owners have reasonable use of the property with the current approved variances and issued building permit meeting all the variance and city code requirements. The proposed chimney would act as an amenity and convenience. It is not necessary for the use of the land. 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. The applicant states this to be true.