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FILE #LA23-000039 <br />August 21, 2023 <br />Page 4 of 5 <br />b. There are circumstances unique to the property not created by the landowner; The <br />existing house was not built by the current owners. The lot is substandard in area and <br />width. The applicant is proposing to maintain the same rear yard setback, but will bring <br />the new home into compliance with the required lake setbacks. The small lot size, <br />substandard width, and existing improvements are not the result of the current <br />property owner's actions; and <br />c. The variance will not alter the essential character of the locality. The proposed variances <br />resulting in the construction of a new home are supported by practical difficulties and <br />will not alter the character of the area. The new home will be further from the lake and <br />the nonconforming rear yard setback will be maintained. There will also be a reduction <br />in overall hardcover which will benefit the surrounding area. This criterion is met. <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 <br />solar energy systems. Variances shall be granted for earth -sheltered construction as defined in <br />Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This <br />condition is not 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 a residential home is a permitted use in the LR -1B District. <br />7. The board or council may permit as a variance the temporary use of a one -family dwelling as a <br />two-family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such property <br />or immediately adjoining property. The substandard lot size, substandard lot width, and existing <br />conditions of the property are unique conditions to this specific property. This criterion is met. <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. While the surrounding properties are similar in size, the location of the existing <br />structures on the property are unique to the subject property. This criterion is met. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The existing home is in a nonconforming location. The proposal <br />will maintain a similar rear yard setback, but to improve the required lake setbacks. The <br />proposed home will be in compliance with the average lakeshore setback and the 75 -foot lake <br />setback. The overall hardcover will also be reduced on the site. This criterion is met. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter. Granting the requested variances <br />will not adversely impact health, safety, comfort, or morals of the community. This criterion is <br />met. <br />