09-18-2023 Planning Commission Packet

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FILE #LA23-000049 18 Sept 2023 Page 3 of 5 Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider 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. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is 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 property includes difficulties in the depth and orientation of the shoreline. The requested average lakeshore setback variance will not result in blocking views of the lake for the neighboring properties. The proposed variance is in harmony with the purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. The home is situated approximately 136 feet from the lake and will not disrupt lake views from neighboring homes; the proposed variance is 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 roofed porch the proposed location partially within the average lakeshore setback does not appear to be unreasonable considering the lake views from neighboring homes are not impacted. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The intent of the property owner was to submit a conforming plan. The application errors were not intentional; however, accuracy of submitted permit information is the applicant's responsibility; and c. The variance will not alter the essential character of the locality. The variance will not alter the character of the neighborhood. 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