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LA18-000081 <br /> October 15,2018 <br /> Page 2 of 4 <br /> This parcel is not located in the Stormwater Overlay District. <br /> Applicable Regulations: <br /> Variance (78-395)Side Yard Setback <br /> The applicant is requesting a 38 foot west side yard setback and a 42 foot east side yard setback <br /> where 50 feet is required. <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <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 /> applicant is proposed to remodel and construct an addition to the existing single family <br /> home on a residential lot,which is consistent with the intent of the ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The variances resulting in a <br /> permit for a new single family residence in a residential zone are 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 is proposing to use the property <br /> in a reasonable manner with the construction on a single family home. There is <br /> limited space to construct a conforming structure on the site due to the lots <br /> nonconforming size and width. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The plight of the property owner is due to the existing substandard lot size and <br /> shape and <br /> c. The variance will not alter the essential character of the locality. . The character <br /> of the neighborhood is not likely to be significantly altered from replacement of <br /> the residence which is consistent in character and size with the surrounding <br /> homes. <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 />