09-18-2017 Planning Commission Packet

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, FILE#17-3965 Meeting Date 9/18/2017 Page 4 of 6 evidence that their request for the hardcover variance is due to circumstances outside their control;the applicant is building and designing a new home; and c. The variance will not alter the essential character of the locality.The lot area and width variances will not alter the character of the neighborhood; a home previously existed on the property. The lake yard setback variance and hardcover variance will not alter the character of the area. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn.Stat. §216C.06,subd.2,when in harmony with Orono City Code Chapter 78.This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located.This condition is not applicable,as the use for a single family home is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling.This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The substandard lot width and lot area of the Property is not uncommon in the surrounding neighborhood. The stated drainage issues create increased difficulty for protecting the shoreline of the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.Granting the requested variances will provide relief to the applicant regarding the lot size and their stated erosion issues within the lake yard on the property.The applicant has not provided clear practical difficulty supporting the need of a hardcover variance to meet this criteria. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Granting the requested variances will provide relief to the applicant regarding the lot size and erosion issues in the lake yard on the property.The applicant has not provided clear practical difficulty sporting the need of a hardcover variance to meet this criteria. 11. The granting of the proposed variance will not in any way impair health,safety, comfort or morals,or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health,safety,comfort,or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The size of the Property; the erosion issues identified in the lake yard of the property create practical difficulties affecting the Property;the lot width, lot side and lake yard setback variances are necessary and not merely serve as a convenience to the owners. The requested hardcover variance appears to serve as convenience to the applicants which can be resolved with a design modification. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use