08-18-2025 - Agenda Packet Planning Commission - PC packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA25-000024 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The construction of a new single family home is a reasonable use of the property. The proposed home will comply with more city zoning requirements then the current home does. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The lot is substandard in area and width. We believe it is the smallest lot in the neighborhood. The small lot size, substandard width, and existing improvements are not the result of the current homeowner’s actions. 3. The variance, if granted, will not alter the essential character of the locality. Response: The home is currently non-conforming to the city requirements and has challenges for full-time living. Our client’s hope is to make this their forever home with consideration to age in place on the bay. The Bohn’s envision a design that reflects the lake, the community and the nature of their lot as a priority with design being meaningful to the water and neighborhood. They intend to keep the home modest and create a more conforming dwelling. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Economic considerations were not considered in the proposed plan. 5. Practical difficulties 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 Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. Response: N/A 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: N/A 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: N/A 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: The substandard lot width and existing conditions of the property are unique conditions to the specific property. 9. The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Surrounding properties have received hardcover variances due to similar difficulties including our neighbors at 1444 and 1448 Baldur Park Rd. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: The existing home is in a non conforming location. The proposed home will be set further back from the lake and further back from the average lake setback. The proposed home will conform to the side yard setbacks and the rear yard setback. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any other respect be contrary to the intent of the Zoning Code. Response: Granting the requested variances will not adversely impact health, safety, comfort or morals of the community. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. Response: The requested variances satisfy the “practical difficulties” standard under Minnesota law and are consistent with the intent of the Orono Zoning Code and Comprehensive Plan. The construction of the new home is in a better location to the existing home and improves nonconformities. 7/24/25, 4:18 PM Permit Details | Citizenserve https://www3.citizenserve.com/Admin/PermitController?Action=DisplayPermitDetail&SelectedTab=Permits&Permit_ID=52147687&WorkOrder_ID=898…1/124 PC Exhibit C