Laserfiche WebLink
LA21-000024 <br /> April 19,2021 <br /> Page 4 of 5 <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. 17, when in harmony with Orono City Code <br /> Chapter 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 theLR-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 area,lot width <br /> and shape, and home proximity to the lake) do not generally apply to the other <br /> 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 /> 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. Granting the <br /> variances to allow construction of a deck is not likely to impair health, safety, and <br /> comfort. <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 application for the deck expansion <br /> is limited by existing conditions of the property and orientation to the lake. The <br /> granting of the requesting variances are necessary to alleviate the practical difficulty <br /> resulting for the location of the existing home and limited building envelope on the <br /> property. <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 /> permitted in this chapter in the district where such land is located. <br /> Public Comments <br /> The applicant submitted letters from the abutting neighbors in support of the project. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the • <br />