03-08-2021 Council Packet - Laserfiche WebLink

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FILE # LA21-08 February 16, 2021 Page 4 of 5 2. The variance is consistent with the comprehensive plan. The proposed use of the lot for residential purposes is consistent with the Comprehensive Plan, as is the preservation of lake views and Shoreland management. 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 placement of the house is a reasonable location given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; the location of the neighboring house, the presence of a tributary, and the previous discussions of a ‘new’ ALS where not created by the land owner and c. The variance will not alter the essential character of the locality. The encroachment into the ALS will not impact the character of the locality. 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 single family residential is a permitted use in the LR-1A zoning 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 previous discussion regarding a ‘new’ ALS is reflected in lakeshore subdivisions. The fact that this new ALS was not recorded as part of any of the final documents is unique to the subject parcel. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The extreme distance for the proposed ALS, due to the improvements on the lot to the east, 770 Brown Road only apply to this lot because the neighboring lot to the west, 1875 Lakeside Trail, is vacant. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The tributary and its 75’ setback limit buildable sites consistent with the character of the neighborhood. 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. The proposed encroachment is not anticipated to impair any health or safety goals of the city. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance is permitting a buildable site that was intended to be approved as part of this subdivision. 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