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FILE#17-3917 <br /> 20 Mar 2017 <br /> Page 4 of 6 <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.The <br /> lot width and lot area variances are consistent with the general intent of the <br /> Ordinance. The requested average lakeshore setback variance is in harmony with the <br /> Ordinance as the only adjacent neighbor sits at a higher elevation and their lake views <br /> will not be impacted by the new home.The applicants are also the owners of the <br /> adjacent lakeshore property.The side street setback variance requested for the home <br /> and pool are reasonable considering the shape and buildable width of the property. <br /> 2. The variance is consistent with the comprehensive plan.The variances resulting in a <br /> permit for construction of a single family residence with a residential pool in a <br /> residential zone are 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 request to permit construction of the <br /> home and pool in the proposed location,within the side street setback and <br /> lakeward of the average lakeshore setback,appears to be reasonable as the <br /> property's triangular shape creates a difficulty and owners are also the owners <br /> of the adjacent. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The sub-standard size and shape of the Property were not the result of actions <br /> by the landowner.The orientation of the Property,the shape of the property, <br /> and the size of the property combined with the curvature of the shoreline <br /> almost no buildable area on the Property;and <br /> c. The variance will not alter the essential character of the locality. The lot area <br /> and width variances will not alter the character of the neighborhood. It does <br /> not appear that the average lakeshore setback variances to permit the new <br /> home, pool,and elevated terrace will adversely impact views of the lake <br /> currently enjoyed by the adjacent property owners.Additionally,the <br /> requested side street setback variance for the home and pool offer greater <br /> separation from the right-of-way than the current home. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct <br /> sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. § 216C.06,subd. 2,when in harmony with Orono <br /> City Code Chapter 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted <br /> under Orono City Code Chapter 78 for property in the zone where the affected person's <br /> land is located.This condition is not applicable,as the use for a residence and pool are <br /> allowed uses in the LR-1B District. <br />