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� FILE#16-3866 <br /> October 13, 2016 <br /> Page 3 of 6 <br /> APPLICABLE REGULATIONS <br /> 78-350: LR-1C Lot Standards & Setback Regulations <br /> 78-71(c)(3)a1: New structure in nonconforming location <br /> 78-1680: Hardcover Restriction Zones (HC not allowed in 0-75'zone) <br /> Governing Regulations: Variance (Sec. 78-123). <br /> In rei�iela�ing applicatioiis for variance, the Planning Commission shall consider the effect of the <br /> proposed variance zrpon the health, safety and welfare ofthe commarniry, existinga�ld anticipated traffic <br /> co�iditions, light and air, danger offire, risk to the public safety, m1d the effect on values ofproperty in <br /> the su�-rounding area. The Planning Commission shall consider recommeizding approval for variances <br /> from the literal provisions of the Zoning Code in instances where their strict enforcement would cause <br /> practical difficulties because of circumsta�ices unique to the individualproperty under consideration, <br /> and shall recommend approval only when it is demonstrated that such actions will be in keeping with <br /> the spirit and intent of�the Orono Zoning Code. Economic considerations alone do not constitute practical <br /> difficulties.Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br /> solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. <br /> § 216C.06, subd. 2, when in harmony with this chapter. The board ar the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the affected person's <br /> land is located.The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff <br /> commentary in bold type): <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Single family homes and the associated amenities are permitted uses in the LR- <br /> 1 C district. <br /> 2. The variance is consistent with the comprehensive plan. The proposed room <br /> addition and deck reconfiguration projects are consistent with the <br /> comprehensive plan guiding of this and surrounding properties for residential <br /> use. <br /> 3. The applicant establishes that there are practical difficulties <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls. The property owner is proposing to use the <br /> property in a reasonable manner by constructing a second story above an <br /> existing one-story attached garage and reconfiguring an existing deck, but <br /> the specific location and hardcover aspects of the request are not permitted <br /> by the Zoning Code. <br /> b. There are circumstances unique to the property not created by the landowner. <br /> The lot is located almost entirely within 75 feet of the OHWL of Lake <br /> Minnetonka where no structure or hardcover is normally allowed. The <br /> existing home was constructed in 1970-71 and the attached garage added in <br /> 1982 pursuant to variances granted by the City. Any expansion upward, <br /> outward, or reconfiguration of the structures on the site cannot be <br />