02-22-2022 Planning Commission Packet

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FILE#LA22-000001 22 Feb 2022 Page 4 of 7 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. a. The lots are challenged by the location and orientation of existing improvements so some level of hardcover variance approval may be appropriate. b. The lot area variance for guest house use would serve to increase the dwelling unit density beyond the permitted level which is not in harmony with the Ordinance. 2. The variance is consistent with the comprehensive plan.A. The applicants' proposal would serve to eliminate some existing nonconformities in the substandard lot sizes,and average lakeshore setback orientation. B. However the lot area variance to support the guest house use and requested hardcover levels are inconsistent 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; i. The request to combine the portions of 2965 Casco Point Road with the two adjacent properties eliminates two nonconforming lots and improves the average lakeshore setback as applied to for the adjacent properties. ii. However the requested lot area variance to support the guest house use and requested hardcover levels for each lot are inconsistent with the comprehensive plan. b. There are circumstances unique to the property not created by the landowner; The unique shape,size,and orientation of the subject properties present challenges. i. The suggested division and reallocation of the 2965 Casco Point Road property would result in 2 lots more consistent with the neighborhood.There should be consideration for variance approvals from the hardcover limitation as the applicants are proposing a reduction. ii. The variance to permit a guest house on a property less than twice the minimum district standard is inconsistent with the neighborhood and not supported by practical difficulties; and c. The variance will not alter the essential character of the locality. The hardcover variances do not represent an increase of hardcover over existing conditions,so there is little impact to the character of the area. The variance to permit a guest house on a property less than twice the minimum district standard is inconsistent with the neighborhood and not supported by practical difficulties. The characterization of a guest house on the small lot does establish precedent with will impact 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. Relating to the guest house,this condition is not applicable,as a guest house use is allowed in the LR-1C District for properties which meet the minimum requirements. 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 applicants propose changes to the lot configuration to remove a nonconforming lot and to solve an average lakeshore setback issue that is unique to the subject