11-09-2020 Council Packet - Laserfiche WebLink

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FILE #LA20-000022 21 September 2020 Page 5 of 10 According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The lot width and area variances requested are consistent with the general intent of the Ordinance. The lake setback and hardcover variances are reasonable and necessary as the highest points of the property for construction of the home above the 1% annual chance floodplain are located toward the lake. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comprehensive Plan. 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 request to permit construction of portions of the proposed home on a substandard lot within the 75-foot setback appears to be reasonable; the floodplain grading appropriately elevates the home and the required 15-foot grade elevation is met on areas of the plan, in order to provide the full protection intended by the Code, the entire building should meet the standard, providing flood protection as intended. b. There are circumstances unique to the property not created by the landowner; The major presence of the 1% annual chance floodplain on the property creates increased difficulties in locating a conforming building elevation and location. The new house will be properly elevated out of the floodplain based on the required RFPE. However the necessary 15-foot bench around the home is not met in all areas. The sub-standard size of the Property was not the result of actions by the landowner. The natural high area on the property is more toward the lake necessitating home and patio placement partially within the 75-foot setback; and c. The variance will not alter the essential character of the locality. The lot area and width variances will not alter the character of the neighborhood; the lake setback and hardcover variances are reasonable and necessary as the highest points of the property for construction of the home above the 1% annual chance floodplain are located toward the lake. The hardcover is mitigated by the proposed landscape plan for the property. 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 alone 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. 2, 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 home is 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. 195 195