04-19-2021 Planning Commission Packet

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FILE#LA21-000026 19 April 2021 • Page 5 of 6 functionality for the owners. The buildings were not constructed by the current owners and are in need of replacing due to their age and deferred maintenance;and c. The variance will not alter the essential character of the locality. The requested variances will not result in the property being out of character with the neighborhood; will not expand the footprint of the buildings; or result in additional encroachment into the setbacks toward the lake. The new encroachments will not alter the character of the locality.This criterion is met. 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. 17, 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 accessory buildings are an allowed use in the LR- 1A 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 proximity of the existing buildings within • the setbacks is an existing condition which is unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location and existence of the nonconforming accessory buildings is an existing condition unique to a small number of properties in the City, but could be applied to all other lakeshore properties with detached garages, lake yard accessory buildings and boathouses. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the principal structure. The nonconforming buildings are allowed to be maintained and replaced in kind. Expansion of an existing non-conforming structure is not a right, however the buildings will be expanded in order meet modern garage functionality,and floodplain minimum low floor regulations. 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 the requested variances will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the modest expansion negates to goals of the code in relation to views into,and out of the property. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant asserts that the variances are necessary to modestly increase functionality,and for safety and regulatory compliance,and will not merely serve as a convenience to the owners. 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.