11-21-2022 Planning Commission Packet

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FILE # LA22-000054 21 November 2022 Page 3 of 4 The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant is proposing to construct a new single-family home on a residential lot which is consistent with the intent of the ordinance. The location of the property on a peninsula creates a unique situation where there is no conforming building envelope due to the extreme Average Lakeshore Setback . The requested variance is reasonable in order to construct a new house in a similar location to the existing house on the property. 2. The variance is consistent with the comprehensive plan. A new single-family residence in a residential zone which is 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 applicant is proposing to use the property in a reasonable manner with the construction of a new single-family home. The location of the property on a peninsula creates an extreme Average Lakeshore Setback. A variance from this setback requirement is necessary in order to have a buildable area. The location of the proposed house is similar to the location of the existing house and is generally consistent with the setback of homes in the neighborhood. b. There are circumstances unique to the property not created by the landowner; The location of the property on a peninsula is not the result of actions by the property owner; and c. The variance will not alter the essential character of the locality. The proposed location of the new house is consistent with the existing house on the property and the character of the neighborhood. 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. 17, 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 a residential home is an allowed use in the LR-1B 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 land constraints are unique to the property which supports the requested variance. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The location of the lot on the peninsula does not generally apply to all other properties in the LR-1B zoning district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. A variance from the Average Lakeshore Setback preserves the owners’ property right as it provides a reasonable buildable area where no building envelope exists.