08-21-2023 Planning Commission Packet

Home Browse Search

LA23-000026 21 August 2023 Page 5 of 6 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; A request to permit some modifications including additions to the existing home on the substandard lot may be reasonable however the nature and scale of the proposed changes is not reasonable. This criterion has not been met. b. There are circumstances unique to the property not created by the landowner; The unique setbacks resulting from the wetland, lakeshore, and lake inlet significantly impact the buildable area on the property; the conditions were not created by the owners; and c. The variance will not alter the essential character of the locality. The requested variances may result in a further intensification of the nonconformities and use of the most sensitive areas of the property. 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 the use for a single-family home and residential improvements are allowed uses in the LR -1A 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 unique setbacks resulting from the wetland, lakeshore, and lake inlet exacerbate the property's substandard size and home proximity to the lakeshore creates difficulties which apply to few properties in the same neighborhood. The lake and inlet impacting the property resulting in an approximate 5,000 square foot building envelope is unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The wetland and lakeshore setbacks create difficulties which may also apply to a few properties in the same neighborhood. However, the location of the lake inlet resulting in a more restrictive building envelope is unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owners have enjoyment and use of the property through the existing improvements. Expansion or intensification of existing nonconforming improvements or creation of new nonconformities is not a substantial property right. 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 requested variances in this would be contrary to the intent of the zoning chapter. However, providing some relief through variances may be appropriate and supported by practical difficulty. The current plans are too intense. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The requested variances appear to serve as a convenience to the applicant. Effort should be made to show the desired improvements in more conforming locations. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located.