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09-12-2022 Council Packet
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09-12-2022 Council Packet
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9/19/2022 12:53:06 PM
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LA21-000052 <br />August 15, 2021 <br />Page 4 of 5 <br /> <br />within the lake setback appears to be reasonable as the property’s reduced size <br />and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent <br />properties creates difficulties. The hardcover encroachments proposed within <br />the lake yard appear to be reasonable and the nature of the new hardcover will <br />be for a more usable front entry way. <br />b. There are circumstances unique to the property not created by the landowner; <br />The uniquely small lot size, width and location to the lake and roadway within <br />the LR-1C zoning district standards prevent a residential footprint consistent <br />with the neighborhood. The proposed additions and hardcover level are unique <br />to the property to serve the proposed home; and <br />c. The variance will not alter the essential character of the locality. The variances <br />are requested in order to permit construction of an addition to an existing home <br />designed to fit the character of the neighborhood according to the submitted <br />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. 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, as single family residence is an allowed use in <br />the LR-1C 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 property’s substandard size and <br />orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties <br />creates difficulties which also apply to many of the properties in the same <br />neighborhood. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The property’s substandard size and orientation with respect to the <br />lakeshore, Crystal Bay Road, and adjacent properties creates difficulties which also <br />apply to many of the properties in the same neighborhood. However the existing home <br />location unique to this property. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Granting hardcover and lake setback <br />variances are necessary for the preservation of the property rights of the applicant. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort <br />or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br />requested hardcover and lake setback variances in this unique situation is not contrary <br />to the intent of the zoning chapter. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but <br />is necessary to alleviate demonstrable difficulty. The variances for lakeshore setback, <br />hardcover and lakeyard setback are necessary, and do not merely serve as a
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