07-19-2021 Planning Commission Packet

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FILE#LA21-000047 19 July 2021 Page 4 of 6 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 Camp TEKO property is zoned as LR-1B,one- family lakeshore residential district;the camp is an existing conditional use within this District.This District is intended for a combination of medium-residential developments and limited agricultural activity that should not endanger the quality of runoff into Lake Minnetonka.Additionally,this property also falls within the Shoreland Overlay District.The use of the property is reasonable for the size and location of the property. b. There are circumstances unique to the property not created by the landowner; The property has approximately 1,500 lineal feet of shoreline on Lake Minnetonka.There are additional options for the creation of larger storage buildings. The site topography and beach characteristic make access to the lake change challenging for individuals with mobility disabilities;and c. The variance will not alter the essential character of the locality. Camp TEKO has been part of the community for over 50 years,Camp TEKO can be described as a longstanding piece of the character.The proposed master plan elements are intended to improve on that character. In addition, most of the proposed development is screened by existing vegetation from the lake and surrounding areas. 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 a summer camp is an existing,allowed conditional 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 property has many unique features with multiple wetlands, steep slopes, bluffs and a unique shoreline which is different from the neighboring property owners. Because of the property's many of natural features,there are a variety of different rules and regulations in place for protection and preservation which may not be in line with all uses. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The property's historical use and it's unique natural features including wetlands,steep slopes, bluffs,and the natural shoreline makes it different from the neighboring properties. The land conditions are unique for this property including the limited accessibility to the lake due to the bluff,steep slopes, and beach characteristics. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.This property is located in a residential district but has operated historically as a seasonal camp for children of all abilities. Each specific variance request is necessary for the preservation and enjoyment of campers as has been described • above.