05-10-2021 Council Packet - Laserfiche WebLink

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LA21-000024 April 19, 2021 Page 4 of 5 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 residential improvements are an allowed use in theLR-1B 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 lot shape, and depth, and the home’s proximity to the lake are particular to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The setbacks of adjacent homes in this neighborhood are somewhat similar to this lot. The conditions specifically impacting this property (lot area, lot width and shape, and home proximity to the lake) do not generally apply to the other properties in the LR-1B district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owners indicate that granting the variances are necessary for the preservation of their property right. However, their property right is established by home and existing improvements on this substandard lot. 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 variances to allow construction of a deck is not likely to impair health, safety, and comfort. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The application for the deck expansion is limited by existing conditions of the property and orientation to the lake. T he granting of the requesting variances are necessary to alleviate the practical difficulty resulting for the location of the existing home and limited building envelope on the property. 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. Public Comments The applicant submitted letters from the abutting neighbors in support of the project. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance (s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the