05-08-2023 Council Packet - Laserfiche WebLink

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FILE # LA23-000014 17 April 2023 Page 3 of 5 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. 2, 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 lot includes difficulties due to the channel nature of the shoreline and location of adjacent lots/homes. The purpose of the Ordinance is to protect the lake views enjoyed by neighboring properties across the subject property. It is unlikely the proposed home location will impact the existing views from the West Branch property. Further, the proposed home will be behind the 75’ setback. However, there is a building envelope on the property which will allow for channel/lake views. 2. The variance is consistent with the comprehensive plan. The average lakeshore setback is extreme, and there are instances when the City has granted variances to the average lakeshore setback when the home does not encroach in the 75’ setback or disrupt the neighboring views. Again, it is worth noting that there is a conforming building envelope allowing for lake views on the subject property. Construction of a home in the proposed location would not impair views from adjacent properties; the proposed variance 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 request to permit construction of the home in the proposed location within the average lakeshore setback appears to be reasonable from the standpoint of preservation of neighboring lake views. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The orientation of the shoreline and location of the neighboring homes are out of the landowners’ control. However, the owners are reorienting the three existing PIDs into two lakeshore lots which does create challenges when applying the average lakeshore setback. Siting the home in a conforming location inland would adversely impact the applicants’ views of the lake; and c. The variance will not alter the essential character of the locality. The variance is requested in order to permit construction of a home at 75-foot lake setback which will be designed to fit the character of the neighborhood according to the applicants. The proposed home in the proposed location will not impact the existing lake views enjoyed by the adjacent properties which determine the average lakeshore setback line. 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. 2, 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 residential home is an allowed use in the LR-1B District. The