08-21-2023 Planning Commission Packet

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. l 0 1 3 5. Applicant has applied for the following variances and interim use permit: a. Lot area and side yard setback (78-305) b. Average lakeshore setback, building and retaining walls in the lakeyard (78-1279) c. Hardcover in the lakeyard (78-1680) d. Movement of over 50 cubic yards of material within the lakeyard (78-1726) 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. VARANCE ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ...." The proposed variances are in harmony with the intent and purpose of the Ordinance. The goal of the ordinance sis to reduce or eliminate improvements in the lake yard, the proposal shifts away from the lake yard as much as practical. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." . The proposed variances to develop a nonconforming lot of record 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 the home on the substandard lot, in the proposed location within the lake, and side yard setbacks, appears to be reasonable as the property's reduced size and orientation with respect to the lakeshore. The hardcover and retaining walls proposed within the lake yard appear to be reasonable. b. There are circumstances unique to the property not created by the landowner; The lake and its inlet limit the building envelope for the property. The surrounding lakeshore is unique property feature of the lane and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. 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.