05-09-2022 Council Packet - Laserfiche WebLink

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3. “Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in connection with the granting of a variance, means that: a. The property owner proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The property owner wishes to rearrange the property lines. Density will not increase as a result of the lot line adjustments. The parcels will be developed with new single family homes which will be required to meet the LR-1C district and Shoreland district setbacks. To rearrange the property lines, the requested variance must be granted. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property owner did not create the original lot configuration, width, and lake frontage of the Properties. c. The variance, if granted, will not alter the essential character of the locality.” The proposed variances will not change the number of buildable properties, will not alter the views of any neighboring properties, will allow for better drainage of the properties toward the lake – helping to solve neighborhood drainage issues, and will alleviate potential neighbor lake view and property access issues. The size and width of the proposed parcels are consistent, and in fact exceed, the character of the locality. 4. “Economic considerations alone do not constitute practical difficulties.” The basis for the variance is to facilitate the reconfiguration of the lots to allow homes to be built with lakeshore views and consistent setback from the lake. The odd triangular portion of lot 2 will not allow a home to be built which makes it difficult to use of their backyard. This practical difficulty keeps the land from being developed to the full potential and best use. The home location on Lot 1 is currently pushed further from the lake than both neighbors. This will impair the views and result in a home that must look at the sides of the adjacent homes and loss of sunlight. 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 the residential use is allowed under LR-1C district.