Laserfiche WebLink
LA21-000066 <br />January 17, 2023 <br />Page 4 of 5 <br /> <br />the LR-1C zoning district standards prevent a residential footprint consistent <br />with the neighborhood. The existing deck, awning, and stairs are in disrepair <br />and are unsafe. The proposed deck will occupy the same footprint and give the <br />existing home a safe front entryway; 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 a new deck in the same <br />footprint as an existing deck and awning structure. The proposed improvement <br />is designed to fit the character of the neighborhood and existing home. <br /> <br /> <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 and adjacent properties creates difficulties <br />which also apply to many of the properties in the same 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 and adjacent properties creates difficulties which also apply to many of the <br />properties in the same neighborhood. However the existing home location is unique to <br />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 lakeshore 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 lakeshore setback variances in this unique situation is not <br />contrary 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 average lakeshore <br />setback, 75’ lakeshore setback and hardcover are necessary, and do not merely serve <br />as a convenience to the applicant as the property has considerable practical difficulties <br />affecting development. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />Any conditions imposed must be directly related to and must bear a rough proportionality to the