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FILE#17-3967 <br /> September 18,2017 <br /> Page 4 of 6 <br /> 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 in the proposed location,within the side setback and lakeward of the <br /> average lakeshore setback and 75'lake yard setback,appears to be reasonable <br /> as the property's narrow shape creates a difficulty and owners are not <br /> encroaching closer to the lake then the footprint of the existing home. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The substandard width of the property is not a result of actions by the <br /> landowner. The setback encroachments are not increasing closer to the <br /> property lines. <br /> c. The variance will not alter the essential character of the locality. The lot width <br /> variance will not alter the character of the neighborhood. It does not appear <br /> that the average lakeshore setback and 75'lake yard setback variances to <br /> permit the new home and enclosed deck for a screen porch will adversely <br /> impact views of the lake currently enjoyed by the adjacent property owners. <br /> Additionally,the requested side setback variance and crowding principle <br /> structure setback does not create an increased encroachment to the property <br /> lines. <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 is an allowed use in <br /> 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 width of the lot as well as the curve of <br /> the shoreline create a unique circumstance which is peculiar to the property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The width of the lot as well as the curve of the shoreline create a <br /> unique circumstance which is peculiar to the property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Staff finds this condition to be true. <br /> 11. The granting of the proposed variance will not in any way impair health, safety,comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter.Granting the <br /> requested variances will not adversely impact health, safety,comfort,or morals; nor <br /> will it be contrary to the intent of the Code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The width of the property and the <br />