09-15-2025 - Agenda Packet Planning Commission - Packet

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FILE # LA25-000038 15 September 2025 Page 4 of 5 b. There are circumstances unique to the property not created by the landowner; The substandard lot size is an existing condition, and there is no available land with which to make the property more conforming. The restricted roadway, lot size and shape, and configuration with the lake on two sides are challenges not created by the owners. There should be consideration for variances for the substandard -sized property. The project has been designed with an effort toward limiting the additional hardcover without sacrificing functionality; and c. The variance will not alter the essential character of the locality. The variances are requested to permit the construction of a new home on the residential property, which is reasonable. Additionally, City Code Section 6.12.530 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 6.12. 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 6.12 for property in the zone where the affected person's land is located. This condition is not applicable, as a single-family residence is an allowed use 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 property's substandard size, location, and unique configuration with lakeshore on two sides create significant difficulties that also apply to many of the properties in the same neighborhood. The proposed setbacks and hardcover level are not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. Other properties in the neighborhood are similarly impacted by the peninsula configuration and small lot sizes. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed size of the home conforms to 20% structural coverage limitations. Granting of the lot area and width, setback, and hardcover variances are necessary for the preservation of the property rights of the owners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort, or morals, or in any other respect be contrary to the intent of this chapter. Granting the variances for lot size, hardcover, and setbacks in this situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Without variances, the property is unbuildable. The variances for lot size, setback, and hardcover are necessary and do not merely serve as a convenience to the owners. The Commission may recommend, or the Council may impose conditions in granting variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments No comments from the public have been received as of the drafting of this report. Analysis The applicant's plan appears to be consistent with the immediate neighborhood, and although it reflects a minimal (0.1%) increase in hardcover overall, it provides a significant hardcover reduction within 75 feet of the lake. Issues for `V,