03-08-2021 Council Packet - Laserfiche WebLink

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LA21-000012 February 16, 2021 Page 3 of 4 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in lake frontage, small size, and width. The additions meant to be within existing improved areas. 2. The variance is consistent with the comprehensive plan. The proposed variances to improve this nonconforming lot 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 for a 2nd story addition to the home on the substandard lot, in the proposed location within the setbacks, appears to be somewhat reasonable as the property’s reduced size and orientation with respect to the l frontage lakeshore and adjacent properties creates difficulties. The encroachments proposed within the average lake setback, side yard, and lake yard appear to be reasonable. b. There are circumstances unique to the property not created by the landowner; The small lot size, existing home location with respect to the lake and setbacks, prevent a residential use consistent with the neighborhood ;and c. The variance will not alter the essential character of the locality. The variances requested for a 2nd story additions to the home which are designed to fit the character of the neighborhood according to the submitted information 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 home 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 property’s substandard size and orientation with respect to the lakeshore, and adjacent properties creates difficulties which may apply to many of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size and width, home orientation, and adjacent properties creates difficulties which create a unique encroachments on the property for the existing home. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting the requested variances are necessary for the preservation of the property right of the applicant. 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