Laserfiche WebLink
FILE#17-3912 <br /> 20 March 2017 <br /> Page 3 of 5 <br /> Side Setback Variance(Sec. 78-330) <br /> LR-1B side setback requirement is 10 feet.The existing home on the property is in a conforming <br /> location currently. Moving the common lot line in order to make the lot width conforming at the <br /> 75-foot setback results in the house/deck encroaching within±3 feet of the new lot line. <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br /> subd. 2,when in harmony with this chapter. The board or 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 <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance.Two <br /> lots exist currently.The density is not proposed to increase,however,one additional <br /> lakeshore lot is created.The size of the properties are generally consistent with the <br /> other properties in the neighborhood. The lot width variance would also be in <br /> harmony with the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan. Each of the requested <br /> variances allows the redevelopment of each of the single family lots,this use is <br /> consistent with the comprehensive plan. <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 wishes to realign the <br /> property line,creating two lakeshore lots where only one lakeshore lot <br /> currently exists.The density will not increase. It is likely the properties will be <br /> developed with new single family homes in the future which will be required <br /> to meet the LR-1B district and Shoreland district setbacks.To qualify for the <br /> subdivision exemption to reorient the common property line one of the <br /> requested variances must be granted. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the property owner did not create the original lot size, lake frontage,and <br /> orientation; and <br /> c. The variance will not alter the essential character of the locality. The proposed <br /> variance will add additional development on the lake shore,the Planning <br /> Commission should discuss whether this will alter the character of the <br /> neighborhood as the overall lot sizes won't change. <br />