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06-17-2024 Planning Commission Packet
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06-17-2024 Planning Commission Packet
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6/26/2024 9:48:31 AM
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6/18/2024 11:24:34 AM
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FILE #LA24-000029 <br />June 17, 2024 <br />Page 3 of 4 <br /> <br /> <br />requested changes are minimal and do not expand the footprint or increase hardcover. <br />This criterion has been met. <br /> <br />2. The variance is consistent with the comprehensive plan. The proposed variance to allow a <br />remodel of an existing, nonconforming home without increasing hardcover is consistent <br />with the comprehensive plan. <br /> <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 a minor entryway <br />modification within the 75-foot setback appears to be reasonable considering the <br />location of the existing home. This criterion is met. <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 not <br />changing. The circumstances are unique to the property; and <br />c. The variance will not alter the essential character of the locality. The variance <br />requested to permit the modification to the home’s entryway and roofline are not <br />visible from the lake and do not expand the footprint or increase hardcover. The <br />proposal will not alter the character of the neighborhood. This criterion is met. <br /> <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be <br />granted as follows: <br /> <br />4. Economic considerations alone do not constitute practical difficulties. Economic <br />considerations have not been a factor in the variance approval determination. <br /> <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 /> <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 /> <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 /> <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 to the <br />lakeshore and the existing conditions of the site are unique to the site. This criterion is <br />met. <br /> <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 nonconforming home and site does not apply <br />to other properties in the area. This criterion is met. <br /> <br />174
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