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FILE # LA24-000037 <br />15 July 2024 <br />Page 3 of 4 <br /> <br /> <br />for the affected adjacent property. According to the plan, the view to the lake will be improved on the <br />west side. This criterion is met. <br /> <br />2. The variance is consistent with the comprehensive plan. The proposed variance to build a new home on <br />the Property is consistent 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 permitted by the <br />official controls; The request to permit a new home in the proposed location within the <br />average lakeshore setback appears to be reasonable considering the orientation of the <br />neighboring home and lot shape, utility easements, and topography. The new home will <br />improve the view of the lake for the neighbor compared to the existing condition. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The shape and <br />orientation of the neighbor’s property and the location of the neighbor’s home result in no <br />legal building envelope. The new home shape and location will offer an improved view of the <br />lake for the affected neighbor. The circumstances are unique to the Property; and <br /> <br />c. The variance will not alter the essential character of the locality. The variance is requested to <br />permit the construction of a new home in a similar location that will not adversely impact the <br />character of the neighborhood. <br /> <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not <br />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 for solar <br />energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br />216C.06, subd. 17, when in harmony with Orono City Code Chapter 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 Orono City <br />Code Chapter 78 for property in the zone where the affected person's land is located. This condition is <br />not applicable, as a single-family home is an allowed use in the LR-1C District. <br /> <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family <br />dwelling. This condition is not applicable. <br /> <br />8. The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property. The property’s unique orientation to the lakeshore and the adjacent <br />homes creates difficulties for the Owners in improving the property consistent with the homes in their <br />neighborhood. <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The property’s unique shape and the extreme setback of the adjacent home on the “flag lot” <br />create difficulties for the owners. <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial property <br />right of the applicant. Granting the average lakeshore setback variance is necessary for the preservation <br />of the property rights of the owners. <br />158