10-16-2023 Planning Commission Packet

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FILE # LA23-000056 16 October 2023 Page 6 of 7 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 its topography and the orientation of adjacent homes. The average lakeshore setback variance will not further impact views of the lake for adjacent properties. 2. The variance is consistent with the comprehensive plan. The proposed variance to construct a deck on the Property 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 the deck and stair in the proposed location in the same footprint as the previous deck, within the average lakeshore setback, appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore the existing vegetative screening, and topography. The request is reasonable. b. There are circumstances unique to the property not created by the landowner; The linear nature of the shoreline resulting in neighboring home locations all in a continuous line prevent changes or expansions of the home on the lake side. The new home to the south constructed in 2019 resulted in the Applicant's home becoming nonconforming where previously just a portion of the deck was situated within the average lakeshore setback. The circumstances are unique to the Property; and c. The variance will not alter the essential character of the locality. The variance is requested in order to permit construction of the lakeside deck in the same footprint, approximately fl- inches higher and a different stair orientation, which will not adversely impact the character of the neighborhood according to the submitted information. 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 residential deck improvement 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 home location, the Property's topography and orientation with respect to the lakeshore and the adjacent homes create difficulties for the Applicant in improving the property consistent with the homes in their neighborhood on the lake side. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The linear shoreline and generally linear placement of neighboring homes applies to the other homes in the immediate neighborhood. The neighboring home to the south is considerably set back from the lake than the Applicant's home and the home on the north side of the Applicant's property resulting in an extreme setback condition. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The Applicant has indicated it is necessary for the preservation of the property right of the owners.