03-08-2021 Council Packet - Laserfiche WebLink

Home Browse Search

FILE #LA20-000074 16 Feb 2021 Page 4 of 5 zone are consistent with the Comprehensive Plan. However, the new 75-foot setback encroachment and hardcover are not supported by the Comprehensive Plan guidance. 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 portions of a deck lakeward of the average lakeshore setback appears to be reasonable; the linear shoreline and location of the neighboring homes result in the existing non-conforming condition. The applicants have proposed hardcover removals to offset the new additions. b. There are circumstances unique to the property not created by the landowner; The location of the existing home, the orientation of the mostly straight shoreline, and location of the neighboring homes, driveway easement, and existing hardcover are conditions not created by the landowner; and c. The variance will not alter the essential character of the locality. It does not appear that the requested average lakeshore setback variance to permit a new deck on the lakeside of the home will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. Further, the applicants’ proposed hardcover removals will offset the new hardcover resulting from the deck. However, the new hardcover and deck within the 75-foot setback would alter the character of the locality and are not supported. 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. 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 a deck is an allowed use in the LR-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 location of the existing improvements/ home, the location of the neighboring homes in line with the applicants’ home along the shoreline, the existing driveway with the easement, and existing hardcover are conditions unique 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 location of the existing improvements/ home, the location of the neighboring homes in line with the applicants’ home along the shoreline, the existing driveway with the easement, and existing hardcover are unique conditions affecting the subject Property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicants have provided statements indicating that the granting of the variances are necessary for their enjoyment and preservation of their property rights.