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FILE #LA24-000034 <br />July 15, 2024 <br />Page 3 of 5 <br /> <br /> <br />light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br />area. The Planning Commission shall consider recommending approval for variances from the literal <br />provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties <br />because of circumstances unique to the individual property under consideration, and shall recommend <br />approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br />Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical <br />difficulties also include but are not limited to inadequate access to direct sunlight for solar energy <br />systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br />subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any <br />use that is 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 as a <br />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 intent of <br />the Ordinance is to allow the development of a lot of record, even if it is nonconforming in size <br />and width. The subject properties are currently nonconforming. The applicant is the owner of <br />the two properties and wishes to adjust the shared property line. The proposed lot line <br />adjustment improves the lot configurations and buildability. The proposed lot line adjustment <br />will bring the current home located on 2305 Bayview Place closer to conformance. This criterion <br />is met. <br /> <br />2. The variance is consistent with the comprehensive plan. The variances allow an administrative lot <br />line adjustment to take place for two nonconforming lots. The applicant has identified the <br />necessary practical difficulties inherent to the land supporting their requests. Bringing the <br />existing home at 2305 Bayview Place closer to conformance is consistent with the goals of the <br />Comprehensive Plan. This criterion is met. <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 permitted <br />by the official controls; The proposed lot line adjustment improves the configuration of <br />two nonconforming lots. The lot line adjustment brings the current home at 2305 <br />Bayview Place closer to conformance and improves the building envelope of 2285 <br />Bayview Place, which will allow for the development of the lot without additional <br />variances. The lot line adjustment between two nonconforming lots that improves some <br />nonconformities is reasonable. This criterion is met. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />substandard size and configuration of the subject properties is not at the result of the <br />current property owner’s actions; and <br /> <br />c. The variance will not alter the essential character of the locality. The proposed variances <br />supporting the lot line rearrangement will not alter the character of the area. The <br />proposed lot configuration is a more standard and predictable development pattern. <br />The proposed lots will both front on Navarre Lane and will be closer to conformance. <br />This criterion is met. <br /> <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as <br />follows: <br />12