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FILE #LA23-000050 <br />October 16, 2023 <br />Page 5 of 6 <br /> <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 substandard lot size, substandard lot width, and existing <br />conditions of the property are unique conditions to this specific 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. While the surrounding properties are similar in size, the location of the existing <br />structures on the property are unique to the subject property. 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 an increase in hardcover in order <br />to construct a modern, usable home. The new home will be in line with the neighboring home <br />and meet the average lakeshore setback. The proposed home will improve the existing home’s <br />location to the side and rear property lines and remove an illegal shed. 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. This criterion is <br />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 some of the nonconformities. <br />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 <br />in the district where such land is located. <br /> <br />Public Comments <br />Hennepin County Regional Railroad Authority (HCRRA) has submitted a comment letter (Exhibit H). HCRRA <br />land abuts the property and the proposal includes the removal of a shed that is located on HCRRA <br />property. HCCRA does not support the 10-foot rear yard setback due to historic encroachments on their <br />land in the general area. HCCRA has recommended the following conditions be placed on the resolution: <br />1. A statement that the property owner/applicant acknowledges that, other than the rights of the <br />general public to use the HCRRA corridor, they have no right to use the HCRRA corridor for any <br />purpose, including the location of any structure, improvement, or other encroachment. <br />2. Approval be conditioned upon removal of the encroaching shed shown on the survey, the <br />restoration of the HCRRA property, and the removal of any other private property on the HCRRA <br />corridor, and a requirement that the HCRRA corridor will not be used during construction for <br />access or any equipment or material storage.