01-18-2022 Planning Commission Packet

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FILE#LA21-000077 18 Jan 2022 Page 4 of 7 approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the ip Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. 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. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. 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 proposed hardcover variances are not in harmony with the purpose of the Ordinance.The project can be modified to conform to the hardcover regulations.This criterion is not met. 2. The variance is consistent with the comprehensive plan.The variances for hardcover within the 75-foot lake setback is inconsistent with the comprehensive plan.This criterion is not met. 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 variance requests to allow the hardcover within the lake setback are unreasonable and is not supported by the practical difficulties. b. There are circumstances unique to the property not created by the landowner;The City is the landowner in this case and the City did not create the configuration, or topography of the property.The uniqueness of the applicant's proposed use of the property are not difficulties which support granting of variances to place hardcover within the lake setback;andill c. The variance will not alter the essential character of the locality. The variances requested for hardcover improvements will be contrary to the natural qualities of the park and will alter the essential character of the neighborhood. 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. 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. Hardcover placed within the lake setback beyond that which is already permitted by Code is not an allowed use within the Shoreland Overlay 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 conditions of the property are not particular to this specific property within this immediate neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions of the property are similar around the lake and the hardcover restrictions apply to the other properties in the immediate LR-1A neighborhood and on Long Lake. .