05-08-2023 Council Packet - Laserfiche WebLink

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FILE # LA23-000019 17 April 2023 Page 4 of 5 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 variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and width, the unique access over the easement on the rear, the proximity to the channel, the 75-foot lake setback, the existing mature trees along the channel, the existing home location, and the low elevation of the property making development difficult. 2. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home in the same footprint on this nonconforming lot are 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 construction of a new residence on the existing foundation on the substandard lot is reasonable. b. There are circumstances unique to the property not created by the landowner; The substandard lot size is an existing condition, there is no available land with which to make the property more conforming. The restricted driveway access, and lot size and location are challenges not created by the owners. There should be consideration for variances for the property which is substandard in area and setback requirements. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a new home in the same footprint, which is reasonable. 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 single-family residence is an allowed use in the LR-1C 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 property’s substandard size, location, elevation, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The proposed setback and hardcover level are not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard area and width, in addition to the unique configuration along the channel, creates difficulties which apply to very few properties in the City. The neighboring properties have similar challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed size of the home is not exceeding the existing footprint. Granting of the lot area, setback, and hardcover variances are necessary for the preservation of the property right of the owners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the variances for lot area, hardcover, and setback in this situation is not contrary to the intent of the zoning chapter.