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710 Big Island - 22-117-23-24-0009
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LA18-000004, VAR
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Project Packet
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According to MN §462.537 Subd. 6(2) variances shall only be permitted when: <br />l. The variance is in harmony with the general intent and pu r pose of the Or dinance. The variances are <br />minimal and generally consistent with the intent of the ordinance. This criterion is met. <br />2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the <br />residential goals within the comprehensive plan. This criterion is met. <br />3. The applicant establishes that there are practical difficu lt ies. <br />a. The property owner proposes to use the property in a reasonab le manner not perm itted by the <br />official controls; The minimal additions to the cabin are reasonable on this wooded, 2+ acre <br />residential property. This criterion is met. <br />b. There are circumstances unique to the property not created by the landowner; The property's <br />orientation at the point of the island; the separation between the subject cabin and the <br />neighboring cabins; the existing tree stands combined with the elevation and setback of the <br />existing cabin on the property in relation to the lake result in a unique circumstance allowing for <br />a the cabin additions to be almost completely screened from views off the property; and <br />c. The variance will not alter the essentia l character of the locality. The cabin additions will be <br />screened adequately year-round, will be keep i ng with the style of the cabin, and will screened <br />from views from off of the property. This condition is met. <br />Additiona ll y City Code 78 -123 provides add itional parameters within wh ich a variance may be granted as follows: <br />4. Economic cons iderations alone do not constitute p r act ica l difficulties. Economic considerations have not <br />been a factor in the variance approval determination. <br />5. Pract ical d ifficulties also include but are not limited to inadequate access to d i rect sunl ight for solar energy <br />systems. Var iances sha ll be granted for earth -sheltered construction as defined in M i nn. Stat.§ 216C.06, <br />subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. <br />6. The board o r the counc i l may not perm it as a variance any use that is not permitted under Orono City Code <br />Chapte r 78 for property i n the zone where the affected person's land is located . This condition is not <br />applicable, as the use for a residential cabin is an allowed use in the RS District. This criterion is met. <br />7. The boa rd or council may permit as a variance the temporary use of a one-fami ly dwell ing as a two-family <br />dwelling. This condition is not applicable. <br />8. The spec ial condit ions app lying to the structure or land in questio~ are peculiar to such property or <br />immediate ly adjo i ning property. The property is an existing lot of record and contains a large number of <br />mature trees for screening. The topography of the property increases as it moves away from the lake and <br />the owner feels the proposed additions to the cabin are logical and will not adversely impact adjacent <br />properties. This criterion is met. <br />9. The cond itions do not app ly generally to other land or structures in the d istrict in wh ich the land is located. <br />The property is situated at the northwestern most point of the island. The applicant's proposal does not <br />appear to be out of character with the area. This criterion is met. <br />10. The grant i ng of the applicat ion is necessa ry for the preservation and en j oyment of a substant ial property <br />right of the applicant. This statement is true. <br />11. The granting of the proposed var iance w ill not in any way impair health, safety, comfort o r mora ls, or in any <br />other respect be contrary to the intent of this chapter. The proposed cabin additions will not impair the <br />health, safety, comfort or morals of the public. This criterion is met. <br />12. The grant ing of such variance will not mere ly serve as a convenience to the applicant, but is necessary to <br />all eviate demonstrab le difficulty. This statement is true.
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