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FILE #LA23-000068 <br />16 January 2024 <br />Page 3 of 5 <br /> <br /> <br /> <br />Applicable Regulations: <br />Average Lakeshore Setback Variance (Section 78-1279) <br />The purpose of the average lakeshore setback (ALS) regulation is to preserve views of the lake from <br />the homes on the most adjacent lakeshore properties. The strictest interpretation of this regulation <br />leads one to believe that the ALS protects a lakeshore property owner’s view of the lake across a <br />neighboring property. The application of the average lakeshore setback on this property results in <br />no available building envelope. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety, and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in instances where their strict <br />enforcement would cause practical difficulties because of circumstances unique to the individual <br />property under consideration and shall recommend approval only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic <br />considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br />not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be <br />granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in <br />harmony with this chapter. The board or the council may not permit as a variance any use that is <br />not permitted under this chapter for property in the zone where the affected person's land is <br />located. The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling. <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />requested average lakeshore setback variance is the minimum necessary to develop the <br />property and will result in no view loss from either neighbor. The request is in harmony <br />with the ordinance. <br />2. The variance is consistent with the comprehensive plan. The requested variance does not <br />result in an adverse view impact on either neighbor, therefore it is consistent with the <br />Comprehensive Plan. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; The proposed home and detached garage are <br />reasonable as they are smaller in scale and are to be located further from the lake <br />than the existing residence. This criterion is met. <br />b. There are circumstances unique to the property not created by the landowner; The <br />property is unique having lakeshore on two sides and acts as a corner lot abutting <br />a channel. The property owner has no control over the placement of the homes <br />on the adjacent lakeshore lots although they impact the ALS line. applying the ALS <br />over this parcel eliminates the legal building envelope. The owner did not create <br />the lot and is proposing structures in locations that improve the current condition. <br />This criterion is met; and <br />c. The variance will not alter the essential character of the locality. The proposed <br />scale and location of the home and detached garage are improvements from the <br />164