06-27-2022 Council Packet - Laserfiche WebLink

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LA22-000028 June 21 2022 Page 5 of 7 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the intent and purpose of the Ordinance. The goal of the ordinance is to reduce or eliminate improvements in the lake yard, the proposal shifts away from the lake yard as much as practical. The new entrance monuments are not in harmony with the ordinance to prevent improvements within the wetland buffer. 2. The variance is consistent with the comprehensive plan. The proposed variances to develop a nonconforming lot of record are consistent 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; The request to permit construction of the home on the substandard lot, in the proposed location within the lake, and side yard setbacks, appears to be reasonable as the property’s reduced size and orientation with respect to the lakeshore. The hardcover and retaining walls proposed within the lake yard appear to be reasonable. The entrance monuments are permitted by the city code but the proposed location is not reasonable within the wetland buffer. b. There are circumstances unique to the property not created by the landowner; The lake and its inlet limit the building envelope for the property. The surrounding lakeshore is unique property feature of the lane and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. 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. 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 use for a single family home is an allowed use in the LR-1A 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 property’s substandard size and orientation with respect to the lakeshore creates difficulties which may also apply to properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size and orientation with respect to the lakeshore creates difficulties which may also apply to properties in the same neighborhood. However, the location of the lake surrounding the building envelope is very unique to this property.