Laserfiche WebLink
FILE #LA23-000060 <br />November 20, 2023 <br />Page 4 of 5 <br /> <br /> <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as <br />follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br />have not been a factor in the variance approval determination. <br /> <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This <br />condition is not applicable. <br /> <br />6. The board or the council may not permit as a variance any use that is not permitted under Orono <br />City Code Chapter 78 for property in the zone where the affected person's land is located. This <br />condition is not applicable, as a residential home is a permitted use in the LR-1C District. <br /> <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />two-family dwelling. This condition is not applicable. <br /> <br />8. The special conditions applying to the structure or land in question are peculiar to such property <br />or immediately adjoining property. The unique lot shape, location of the existing utility <br />easement, and the position of the neighboring homes are unique conditions to this specific <br />property. This criterion is met. <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The unique shape of the lot and existing conditions do not apply to other land or <br />structures in the neighborhood or district. This criterion is met. <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The existing home is in a nonconforming location. The proposal <br />will maintain a similar lake setback. The application proposes to decrease the total hardcover on <br />the site, bringing it closer to compliance. Granting the average lakeshore setback and hardcover <br />variances allows the property owner to build a new home in a similar location utilizing the <br />existing conditions of the long driveway. This criterion is met. <br /> <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter. Granting the requested variances <br />will not adversely impact health, safety, comfort, or morals of the community. The proposed <br />home will not impact any currently enjoyed views of the lake by neighboring properties. This <br />criterion is met. <br /> <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty. The variances allow for the construction of a new <br />home in a similar location to the existing home, while improving the overall hardcover on the <br />site from 34% to 30% total hardcover. There is no reasonable building envelope on the site and <br />therefore the variances are needed in order to rebuild in a similar location to that of the existing <br />home. This criterion is met. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. Any <br />conditions imposed must be directly related to and must bear a rough proportionality to the impact <br />created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter