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FILE #LA24-000046 <br />October 21, 2024 <br />Page 3 of 4 <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 variances <br />requested for the construction of a low grade deck in an area where existing hardcover will <br />decrease within the 75-foot lakeyard is in harmony with the intended purpose of the ordinance. <br />This criterion is met. <br />2. The variance is consistent with the comprehensive plan. The proposed variance is consistent with <br />the Comprehensive Plan. The Comprehensive Plan emphasizes the protection of natural <br />resources including our natural waterways. The proposed will decrease the hardcover and <br />setback encroachments within the 75-foot lakeshoresetback, bringing the property closer to <br />zoning conformance. This criterion is met. <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 property owner currently has limited use of the site with the <br />existing single-family home with an attached two (2)-stall garage located almost entirely <br />within the 75-foot lakeyard setback. The proposed deck to replace a previously <br />improved area is reasonable. The applicant should demonstrate to the Commission the <br />need for the increase in size to the deck within setbacks. This criterion is met. <br />b. There are circumstances unique to the property not created by the landowner; The <br />existing house was built by previous owners. The lot is a peninsula with lakeshore on <br />three (3) sides limited the building envelope for the home on the site. The existing <br />nonconformities are not the result of the current property owner’s actions. This <br />criterion is met. <br />c. The variance will not alter the essential character of the locality. The proposed <br />varianceresulting in the construction of an a deck where a current patio and landscaping <br />is located would not alter the character of the neighborhood. The lot is wooded and <br />would have limited visible impact from the lake. This criterion is met. <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as <br />follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br />are not a factor in thisvariance approval determination. <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This <br />condition is not applicable. <br />6. The board or the council may not permit as a variance any use that is not permitted under Orono <br />City Code Chapter 78 for property in the zone where the affected person's land is located. This <br />condition is not applicable, as a residential home is a permitted use in the LR-1B District. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />two-family dwelling. This condition is not applicable. <br />9