Laserfiche WebLink
#16-3882 <br /> 17 November 2016 <br /> Page 2 of 3 <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also 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 Minn.Stat. § 216C.06, <br /> subd. 2,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <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 /> lake setback variances requested is consistent with the general intent of the <br /> Ordinance. The dormer will not encroach closer to the side lot line or the lake than <br /> the existing home,and will be conforming on the NE side.The variance is in harmony <br /> with the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan.The variance resulting in a <br /> permit for a residential improvement to a single family home is consistent with the <br /> 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 applicant's request to make <br /> improvements to the existing home is reasonable. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> Much of the applicant's property is encumbered by the 75-foot setback;the <br /> applicant's existing home is situated entirely within the required 75-foot lake <br /> setback;and <br /> c. The variance will not alter the essential character of the locality. The <br /> applicant's proposal is consistent with the additions approved in 2015 for the <br /> home. The proposed dormer is minimal and it is not proposed to extend more <br /> lakeward or further into the side setback areas than the existing home. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. 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 in that <br /> there is a limited buildable area between CSAH 51,the frontage road,the 75'lake <br /> setback and side setbacks. The existing home is situated generally in line with the <br /> other 4 homes on this narrow piece of land between CSAH 51 and the Lake.The <br /> dormer addition is proposed within the existing home's footprint. <br /> 5. 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 on the shallow lot on <br /> the lake,beneath a busy County road with a frontage access road is relatively unique. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The applicant has stated that the proposed <br /> modification is necessary. <br />