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FILE#LA22-000041 <br /> 15 Aug 2022 <br /> • Page 3 of 5 <br /> two neighboring homes and would impact their view of the lake. <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and anticipated <br /> traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br /> property in the surrounding area. The Planning Commission shall consider recommending approval for <br /> variances from the literal provisions of the Zoning Code in instances where their strict enforcement <br /> would cause practical difficulties because of circumstances unique to the individual property under <br /> consideration, and shall recommend approval only when it is demonstrated that such actions will be <br /> in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not <br /> constitute practical difficulties. Practical difficulties also include but are not limited to inadequate <br /> access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. § 216C.06,subd. 2,when in harmony with this chapter. The <br /> board or the council may not permit as a variance any use that is not permitted under this chapter <br /> for property in the zone where the affected person's land is located.The board or council may permit <br /> as a variance the temporary 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 lot <br /> does include difficulties in the orientation of the shoreline and location of adjacent <br /> lots/homes. However,there is a considerable building envelope on the property which will <br /> allow for lake views.The proposed variance is not in harmony with the purpose of the <br /> • Ordinance. <br /> 2. The variance is consistent with the comprehensive plan.There is a conforming building <br /> envelope allowing for lake views;the proposed variance is inconsistent with the <br /> comprehensive plan. <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 request to permit construction of the home <br /> in the proposed location partially within the average lakeshore setback does not <br /> appear to be reasonable considering the ample building envelope and size of the <br /> property.This criterion is not met. <br /> b. There are circumstances unique to the property not created by the landowner; The <br /> location of the neighboring homes and properties are out of the landowners' <br /> control. However,the project is for redevelopment and the home can be located to <br /> comply;and <br /> c. The variance will not alter the essential character of the locality. The variance is <br /> requested in order to permit construction of a home designed to fit the character <br /> of the neighborhood according to the submitted information. <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. 2,when in harmony with Orono City Code Chapter 78. <br /> This condition is not applicable. <br />