Laserfiche WebLink
17-3988, 17-3989, 17-3990 <br /> November 20,2017 <br /> Page 5 of 10 <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 the only 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 driveway for access a principle <br /> structure is an allowed use in the LR-1C District. Variances requested are from <br /> performance standards of the code, not uses. <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 applicant's property is unique because <br /> it is surrounded by Lake Minnetonka with no access via vehicle that would meet the <br /> requirements of the ordinance without impacting the adjacent residential lot. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The orientation of the applicant's property between the lake and the <br /> wetland and having no direct access to a public road is relatively unique. The <br /> configuration of the property as a point into Lake Minnetonka additionally <br /> differentiates the parcel. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. There is no opportunity to place a driveway <br /> into the site without impacting the wetland setback,or improvements in the lake yard. <br /> Allowing the applicant to alter the land within the shoreland setback is necessary for <br /> the development of the two proposed lots. Without access, the applicant lose <br /> substantial property rights. <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. Staff believes <br /> this criteria to be met because the proposed 12 foot wide shared driveway ties into the <br /> existing access for the site and the grading within the shoreland setback will address <br /> water concerns that currently exist on the site. <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 variance is necessary in order to <br /> allow access and development of the two proposed platted lots. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Applicable Regulation:Conditional Use Permit(Section 78-916) <br /> The Planning Commission may recommend and the Council may grant a Conditional Use <br /> Permit (CUP) as the use permit was applied for or in modified form. On the basis of the <br />