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04-17-2017 Planning Commission Packet
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04-17-2017 Planning Commission Packet
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Orono in 2012, "this lot is a legal lot of record created prior to the adoption of the current Zoning Ordinance lot area and width <br /> requirement."The restrictions of the allowable hardcover area combined with the setback requirements and the reduced gross lot <br /> area create a practical difficulty for the construction of a new home that is comparable to the other residences in the locality. <br /> 3.The variance, if granted,will not alter the essential character of the locality. <br /> The proposed new home will have less overall square footage than the previously approved residence in 2012.The proposed new <br /> residence will also be sited farther away from the lakeshore than the previously approved residence.The location of the new proposed <br /> home will be an improvement over both the previously approved location and the previously original existing residence that was <br /> demolished.Compared to both,the proposed new location will impede less into the 75-foot setback and better meet the setback <br /> requirements established for this parcel(see attached diagrams).The approved residence from 2012 had proposed an encroachment <br /> of 1,885 square feet into the 75-foot setback,whereas the new proposed residence is planned to only have a 585 square foot <br /> encroachment within the 75-foot lakeshore setback. <br /> Moreover,compared to both previous schemes,this location allows for the improved lake views from the neighboring properties.The <br /> previously approved residence location located 2,421 square feet beyond the average lakeshore setback.The new proposed <br /> residence will only include 719 square feet beyond the average lakeshore setback, 1,702 less square feet than what had been <br /> previously approved. <br /> 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the <br /> terms of the Zoning Chapter. <br /> N/A <br /> 5. Practical difficulties 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 Minnesota Statutes,Section 116J.06,Subd.2,when <br /> in harmony with this Chapter. <br /> N/A <br /> 6.The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this <br /> Chapter for property in the zone where the affected person's land is located. <br /> N/A <br /> 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. <br /> N/A <br /> 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining <br /> property. <br /> Due to the existence of the lagoon and wetland areas directly to the west and north of the property,the lot is susceptible to seasonal <br /> flooding both at the lakeshore and in the northwest corner.These areas are designated as Special Flood Hazard Areas according to <br /> FEMA's Flood Insurance Map updated in November of 2016. Because the residence must be properly elevated above the floodplain, <br /> the proposed home location should take advantage of highest existing buildable area,which is in the southern third of the property <br /> closest to the lake.The northwest corner is largely reserved for floodplain surface volume. <br /> 9.The conditions do not apply generally to other land or structures in the district in which said land is located. <br />
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