09-18-2023 Planning Commission Packet

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LA23-000046 September 18, 2023 Page 4 of 5 The proposed deck is minimal and not intrusive and would have little impact on neighboring properties. This criterion is 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 -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 special conditions of the property include the substandard lot size and width. The subject properties size is unique to the zoning district and larger area. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject property is unique in its small size, width and proximity to the OHWL and creek which prevent the property from having a compliant building envelope. This criterion is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home does not have any outdoor living space. The construction of the deck would allow the homeowner to fully enjoy the property. This criterion is met. 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 would be contrary to the intent of the zoning chapter due to the increase in hardcover and further encroachment into the 75 -foot setback and average lakeshore setback. This criterion is not met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The property does not have any outdoor living space and therefore the request is not simply to serve as a convenience to the applicant. However, minor modifications could lessen the hardcover impact and remove the encroachment into the average lakeshore setback. This criterion is not met. 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. Engineer Comments The City Engineer has not reviewed the proposed plan. A thorough review will be conducted at the time of building permit.