03-13-2023 Council Packet - Laserfiche WebLink

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LA23-000001 February 21, 2023 Page 3 of 5 recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. 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. 14, when in harmony with this chapter. 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 proposed variance is not in harmony with the purpose of the Ordinance. The proposed deck changes the nature of the hardcover on the lot and the total hardcover is over the maximum allowed (25%). There are practical ways to modify the proposed improvements and remove existing surplus hardcover that would bring the lot into conformance with City requirements. 2. The variance is consistent with the comprehensive plan. The proposed variance changes the nature of the hardcover on a site and continues to be over the maximum hardcover allowed per the Stormwater Overlay District. A variance to permit hardcover on a site over the allowed limit of 25% is not 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 the construction of a deck for an existing home on the substandard lot, outside of the required lakeshore setbacks appears to be reasonable. However, the property is currently over the hardcover maximum and has two at grade patios on the property and a second story rooftop deck/terrace. There is reasonable use of the property as it exists today. A new improvement is not necessary for the enjoyment of the property. b. There are circumstances unique to the property not created by the landowner; The size of the lot as well as the existing hardcover has not been created by the homeowner. c. The variance will not alter the essential character of the locality. The variance is requested in order to permit construction of a new deck partially above an existing patio. The proposed improvement is designed to fit the character of the neighborhood and existing home. 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