Laserfiche WebLink
FILE#17-3927 <br /> 17 Apr 2017 <br /> Page 3 of 5 <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 /> requested average lakeshore setback variance is in harmony with the Ordinance as the <br /> properties along the channel generally face the channel frontage and not the lake itself. <br /> Therefore lake views will not be impacted by the proposed addition. <br /> 2. The variance is consistent with the comprehensive plan. The variance resulting in a <br /> permit for construction of an addition to the single family residence in a residential zone <br /> 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 over a <br /> portion of the proposed home lakeward of the average lakeshore setback <br /> appears to be reasonable as the owners of the adjacent properties have stated <br /> that they are not adversely impacted; the entire home on the Property is <br /> located within the average lakeshore setback area;the mature vegetation and <br /> topography separate the Property from the adjacent neighbors. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The neighboring home to the north is set back further from the lake than the <br /> applicants' home; the curved channel frontage and the location of the <br /> neighboring homes closer to the rear/street lot line result in the severe average <br /> lakeshore setback applied to the Property; and <br /> c. The variance will not alter the essential character of the locality. It does not <br /> appear that the requested average lakeshore setback variance to permit an <br /> addition over a portion of the home will adversely impact views of the lake <br /> currently enjoyed by the adjacent property owners. <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 sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat.§216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 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 under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located.This condition is not applicable,as the use for a residence and additions to the <br /> residence are an allowed use in the LR-1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The setbacks of the neighboring homes and <br /> the curved channel shoreline (lake frontage) is not in character with other lakeshore <br /> properties on Forest Lake. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The majority of the homes both to the north and south of the <br /> Property are closer in proximity to the road and are generally in line with each other. <br /> The curvature of the channel shoreline and the location of the lake proper at the <br />