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Harmony with the Intent and Purpose of the Ordinance <br />Property Address: 860 Brown Rd Orono, MN <br />PID:1011723120001 <br />Zoning District: RR-1B <br />Variance Requested: Average Lakeshore Setback Line Waived <br />The applicant is requesting a variance from Orono City Code § 78-1279(6) (as amended by <br />Ordinance No. 313) - Average Lakeshore Setback to allow The proposed new home to comply only with <br />the 75' lake setback from the OHWL and not the "Average Lakeshore (Sightline) Setback". The proposed <br />request is necessary to allow a reasonable use of the property while remaining consistent with the intent <br />of the zoning ordinance and the City of Orono Comprehensive Plan for rural residential. <br />The requested variance is in harmony with the intent and purpose of the zoning ordinance. The <br />ordinance is intended to ensure that no new principal or accessory building is located closer to a lake than <br />the established sightline, thereby protecting lake views of neighboring properties and preventing extremes <br />in placement. <br />The proposed improvement maintains these goals because this property is peninsular in nature, <br />heavily wooded, and spans both sides of the classified tributary of Long Lake Creek and irregular wetlands <br />associated with the tributary. The property does not have direct shoreline on either Lake Tanger or Lake <br />Minnetonka, and does not diminish lake view or sightline of the applicable neighbors on this parcel that <br />the ordinance is designed to protect. Additionally, due to the wooded nature of the site and shape, the <br />applicable neighbor's properties would experience no change in view in any season. <br />Granting the requested variance would therefore not undermine the ordinance or its purpose, as <br />the conditions that normally drive sightline protection do not exist on this property. <br />For the reasons stated above, the requested variance meets the City of Orono and Minnesota <br />statutory criteria for practical difficulties. The variance allows a reasonable use of the property, is <br />consistent with the Comprehensive Plan, maintains neighborhood and rural character, respects <br />environmental protections, and aligns with the intent of the zoning ordinance. Approval of this variance is <br />respectfully requested. <br />14 <br />