02-18-2025 Planning Commission Packet (2)

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FILE #LA24-000067 18 February 2025 Page 3 of 4 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls: The request to build a deck lakeward of the ALS is reasonable and meets all other applicable zoning regulations. b. There are circumstances unique to the property not created by the landowner: The existing home is located with the ALS and any improvements to the home would fall within the lake views of the adjacent neighbors. c. The variance will not alter the essential character of the locality: The variance bears similarities to the approvals granted in 2023. The proposed deck would not substantially impact the neighbor’s views of the lake and will fit the character of the neighborhood according to the submitted and reviewed information. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties: Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78: This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located: This condition is not applicable; a deck attached to a single-family home is allowed within in the LR-1C district. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling: This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property: The subject property is encumbered by an ALS that severely limits the ability of the property to be further developed, and limits expansions or changes to the existing home and deck. 9. The conditions do not apply generally to other land or structures in the district in which the land is located: The subject property is surrounded on three (3) sides by its two (2) adjacent lakeshore neighbors, and the homesites are far enough back from the lake that over fifty (50) percent of the buildable envelope on the subject property is within the ALS. The house entirely lakeward of the ALS; only in-kind replacement or reduction of existing conditions would be permitted without variances. These conditions are unique to this property. 229