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FILE#LA23-000014 <br /> 17 April 2023 <br /> Page 3 of 5 <br /> approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br /> Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical <br /> difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, <br /> when in harmony with this chapter. The board or the council may not permit as a variance any use that is <br /> not permitted under this chapter for property in the zone where the affected person's land is located. The <br /> board or council may permit as a variance the temporary use of a one-family dwelling as a two-family <br /> dwelling. <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance.The lot includes <br /> difficulties due to the channel nature of the shoreline and location of adjacent lots/homes.The <br /> purpose of the Ordinance is to protect the lake views enjoyed by neighboring properties across <br /> the subject property. It is unlikely the proposed home location will impact the existing views <br /> from the West Branch property. Further,the proposed home will be behind the 75'setback. <br /> However,there is a building envelope on the property which will allow for channel/lake views. <br /> 2. The variance is consistent with the comprehensive plan.The average lakeshore setback is <br /> extreme, and there are instances when the City has granted variances to the average lakeshore <br /> setback when the home does not encroach in the 75'setback or disrupt the neighboring views. <br /> Again,it is worth noting that there is a conforming building envelope allowing for lake views on <br /> the subject property.Construction of a home in the proposed location would not impair views <br /> from adjacent properties;the proposed variance is consistent with the comprehensive plan. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not permitted by <br /> the official controls;The request to permit construction of the home in the proposed <br /> location within the average lakeshore setback appears to be reasonable from the <br /> standpoint of preservation of neighboring lake views.This criterion is met. <br /> b. There are circumstances unique to the property not created by the landowner;The <br /> orientation of the shoreline and location of the neighboring homes are out of the <br /> landowners'control. However,the owners are reorienting the three existing PIDs into <br /> two lakeshore lots which does create challenges when applying the average lakeshore <br /> setback.Siting the home in a conforming location inland would adversely impact the <br /> applicants'views of the lake; and <br /> c. The variance will not alter the essential character of the locality. The variance is requested <br /> in order to permit construction of a home at 75-foot lake setback which will be designed <br /> to fit the character of the neighborhood according to the applicants.The proposed home <br /> in the proposed location will not impact the existing lake views enjoyed by the adjacent <br /> properties which determine the average lakeshore setback line. <br /> Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as <br /> follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br /> 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 for solar <br /> energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. <br /> Stat. § 216C.06,subd. 2,when in harmony with Orono City Code Chapter 78.This condition is not <br /> applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under Orono <br /> City Code Chapter 78 for property in the zone where the affected person's land is located.This <br /> condition is not applicable,as residential home is an allowed use in the LR-1B District.The <br />