10-16-2023 Planning Commission Packet

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FILE #LA23-000051 16 Oct 2023 Page 5 of 8 The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a new home in the same footprint, which is reasonable. A variance to allow a new vertical encroachment for the screen porch, approximately 13' from the OHWL, would alter the character of the channel and impact the natural setting of the lakeshore. 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 home is an allowed use in the LR-113 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 property's substandard size, location, elevation, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The proposed setbacks and hardcover level are not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's substandard area and width, in addition to the unique configuration along the channel, creates difficulties which apply to very few properties in the City. Some neighboring properties have similar challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed size of the home is not exceeding the existing footprint within the setbacks. Granting of the lot area, setback, and hardcover variances are necessary for the preservation of the property right of the owners. 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 variances for lot area and width, hardcover, and setbacks in this situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Without variances, redevelopment of the property would be challenging. The variances for lot area and width, setback, and hardcover are necessary, and do not merely serve as a convenience to the applicant. 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. Applicable Regulation: Conditional Use Permit (Section 78-916) The Planning Commission may recommend and the Council may grant a Conditional Use Permit (CUP) as the use permit was applied for or in modified form. On the basis of the application and the evidence submitted, the city must find that the proposed use at the proposed location is or will be: