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LA22-000008 <br /> March 21,2022 <br /> Page 3 of 4 <br /> • <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br /> subd. 14,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br /> intent of the average lake shore setback is to preserve neighboring properties'views of <br /> the lake. The proposed encroachment will not impact these views. <br /> 2. The variance is consistent with the comprehensive plan.The proposed use of the lot for <br /> residential purposes is consistent with the Comprehensive Plan, as is the preservation <br /> of lake views and Shoreland management. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The placement of the addition is a reasonable <br /> location given the intent of the ordinance to preserve views, and manage <br /> sensitive environmental concerns. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> • The existing conditions of the existing home on the lot and the extreme average <br /> lakeshore setback due to the neighbor to the north are circumstances not <br /> created by the landowner and <br /> c. The variance will not alter the essential character of the locality. The <br /> encroachment into the ALS will not impact the character of the locality <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code <br /> Chapter 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located. This condition is not applicable, a single family home is an allowed use in the <br /> LR-1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The extreme distance of the average <br /> lakeshore setback due to the neighbor to the north is unique to this property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The conditions do not apply to other land and structures in the <br /> • district due to the unique ALS for this neighborhood. <br />