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LA21-000052 <br /> August 16,2021 <br /> Page 4 of 6 <br /> subd. 14,when in harmony with this chapter. The board or the council may not permit as a • <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located. The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br /> proposed variances are in harmony with the purpose of the Ordinance. The small lot <br /> includes difficulties in its small size and width, manipulated topography,and proximity <br /> to the lake. The lot is also challenged by Crystal Bay Road which runs through the lake <br /> yard.The average lakeshore setback is proposed to be met protecting views of the lake <br /> for adjacent properties. <br /> 2. The variance is consistent with the comprehensive plan. The proposed variances to <br /> develop a nonconforming lot of record are consistent 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 request to permit construction of the <br /> addition to an existing home on the substandard lot, in the proposed location <br /> within the lake,and side yard setbacks,appears to be somewhat reasonable as <br /> the property's reduced size and orientation with respect to the lakeshore, <br /> Crystal Bay Road, and adjacent properties creates difficulties. The hardcover <br /> encroachments proposed within the lake yard appear to be reasonable. The <br /> roof eave variance to allow a 3' encroachment request is not reasonable as a <br /> design element on the home. • <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The uniquely small lot size, width and location to the lake and roadway within <br /> the LR-1C zoning district standards prevent a residential footprint consistent <br /> with the neighborhood. The proposed hardcover level are unique to the <br /> property to serve the proposed home. The roof eave design is created by the <br /> property owner. and <br /> c. The variance will not alter the essential character of the locality. The variances <br /> are requested in order to permit construction of an addition to an existing home <br /> designed to fit the character of the neighborhood according to the submitted <br /> information. <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. 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 single family resident is an allowed use in <br /> the LR-1C 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. 4111 <br />