Laserfiche WebLink
FILE #LA24-000011 <br />18 March 2024 <br />Page 3 of 4 <br /> <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 in harmony with the purpose of the Ordinance. The property <br />includes difficulties in its shape and the location of the existing home. The average <br />lakeshore setback variance requested is minimal and will not further impact views of the <br />lake for adjacent properties. <br />2. The variance is consistent with the comprehensive plan. The proposed variances to <br />construct a small addition to the home and overall reduction in hardcover on this property <br />are consistent with the 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 request to permit the small home addition <br />entirely within the 75-foot setback and average lakeshore setback appears to be <br />reasonable considering the location of the existing home, the orientation of the <br />neighboring homes to the lakeshore, and the existing mature vegetative <br />screening. The request is reasonable. <br />b. There are circumstances unique to the property not created by the landowner; The <br />location of the existing home prevents changes or expansions of the home <br />consistent with the neighborhood. The proposed overall hardcover level is being <br />reduced and the addition will not impact the views of the lake from the <br />neighboring homes. The circumstances are unique to the property; and <br />c. The variance will not alter the essential character of the locality. The variance is <br />requested to permit the construction of a small addition to the home designed as <br />a cantilevered space to minimize impacts on the lake. The location will not impact <br />the neighbor’s views of the lake and will fit the character of the neighborhood <br />according to the submitted information. <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 Chapter <br />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 improvements to a single-family home are <br />allowed within in the LR-1A District. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as <br />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 existing home’s proximity and orientation <br />to the lakeshore and the location of the adjacent homes create difficulties for the Owners <br />in improving the property consistent with the homes in their neighborhood. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The unique condition of the extreme proximity of the adjacent home to <br />the lake creates difficulties for the owners. <br />63