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FILE #LA24-000015 <br />15 April 2024 <br />Page 4 of 5 <br /> <br /> <br />neighborhood. The variance to reduce the required 10-foot separation between buildings <br />to 9 feet will not conflict with the intent of the ordinance. <br />2. The variance is consistent with the comprehensive plan. The variances for a new seasonal <br />cabin which is 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 applicants are proposing to use the property <br />reasonably with the construction of a seasonal cabin. The RS District setback <br />flexibility provides relief from the strict 50-foot setback requirement however the <br />property width falls just over the cutoff for the minimal 10-foot setback by ±1-2 <br />feet. The setbacks proposed are generally consistent with the existing home and <br />neighbors to the south. Additionally, the proposed 9-foot separation between the <br />cabin and outhouse is reasonable. <br />b. There are circumstances unique to the property not created by the landowner; The <br />lot’s substandard size and width are not the result of actions by the property <br />owners; and <br />c. The variance will not alter the essential character of the locality. The proposed <br />location of the new cabin is consistent with the cabins in the immediate area and <br />will not negatively impact the character of the island. <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 a seasonal cabin is an allowed use in the RS <br />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 substandard area and width of the <br />property within the RS zoning district apply to the property and to the immediate <br />neighbors which support the requested variances. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The property’s width between 102 and 99 feet isn’t uncommon as many of <br />the properties on the Island are the result of the combination of historic 50-foot-wide lots <br />into groups of 2 or 3. However, the width measurement, the angle of the shoreline, and <br />the slight trapezoidal shape of the property are unique characteristics within the 5-acre RS <br />zoning district. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Granting the requested setback variances <br />provides a reasonable buildable area on the substandard property. Denying the proposed <br />9-foot separation between the existing 25-square-foot shed/outhouse building and the <br />proposed cabin would impact a substantial property right of the applicants. <br />73