Laserfiche WebLink
LA23-000062 <br />January 16, 2024 <br />Page 4 of 6 <br /> <br />affected person's land is located. The board or council may permit as a variance the temporary <br />use of a one-family dwelling 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 />proposed variance is not in harmony with the purpose of the Ordinance. The proposed <br />home and accessory structures are located within the bluff impact zone of 20 feet and <br />bluff setback of 30 feet. Further expansion into the bluff is not permitted and not <br />supported by practical difficulties. This criterion is not met. <br />2. The variance is consistent with the comprehensive plan. The proposed variances are not <br />consistent with the comprehensive plan. The comprehensive plan emphasizes the <br />protection of natural resources including our natural waterways. The bluff setbacks <br />protect sensitive slopes and prevent erosion. The variances further disturbs and build <br />within a bluff impact zone and bluff setback and are not consistent with the <br />comprehensive plan. This criterion is not met. <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 construction of a new larger home that <br />requires substantial grading in the bluff is unreasonable and excessive. This <br />criterion is not met. <br />b. There are circumstances unique to the property not created by the landowner; <br />The location of the property and the existing property have not been created <br />by the current homeowner. This criterion is met. <br />c. The variance will not alter the essential character of the locality. The variance if <br />approved would further disturb the sensitive bluff area, which may negatively <br />impact the slope and Lake Minnetonka. This criterion is not met. <br /> <br />Additionally City Code 78-123 provides additional parameters within which a variance may be <br />granted as follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic <br />considerations have not been a factor in the variance approval determination. <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code <br />Chapter 78. This condition is not applicable. <br />6. The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located. This condition is not applicable, as a single-family residence is an allowed use <br />in the LR-1B District. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The special conditions of the property <br />including the topography and proximity to the lake and channel are unique to the <br />subject property. While the property is unique and constrained by a small building <br />envelope, the bluff area should be protected as best as possible. This criterion is not <br />met. <br />96