08-21-2023 Planning Commission Packet

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LA23-000042 August 21, 2023 Page 3 of 5 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. 14, 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 proposed variance is not in harmony with the purpose of the Ordinance. The proposed deck expansion is within the bluff impact zone of 20 feet and does not conform to the required bluff setback of 30 feet. The current deck is located within the sensitive impact zone bluff zone, but is permitted to remain. Further expansion is not permitted and not supported by practical difficulties. This criterion is not met. The variance is consistent with the comprehensive plan. The proposed variance is not consistent with the comprehensive plan. The comprehensive plan emphasizes the protection of natural resources including our natural waterways. The bluff setbacks protect sensitive slopes and prevent erosion. The variance to further disturb and build within a bluff impact zone is not consistent with the comprehensive plan. This criterion is not met. 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 expansion of the deck and patio within the bluff impact zone is not supported by practical difficulties and therefore is not a reasonable use of the property. This criterion is not met. b. There are circumstances unique to the property not created by the landowner; The lot size, width, topography, and existing improvements have not been created by the current homeowner. c. The variance will not alter the essential character of the locality. The variance if approved would further disturb the sensitive bluff area, which may negatively impact the slope and Lake Minnetonka. This criterion is not met. 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 -1B 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.