Laserfiche WebLink
LA18-000091 <br /> 1.22.2019 <br /> Page 2 of 4 <br /> lot line. <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. An A/C <br /> unit in a nonconforming location is not in harmony with City Code. The intent of the <br /> requirement(of not being placed in the side yard)is to separate the noise caused by the <br /> unit and minimize the impact on the neighboring property. <br /> 2. The variance is consistent with the comprehensive plan. The placement of the A/C unit <br /> is accessory to the single family home on the property. The principle structure follows <br /> the comprehensive plan, but placement of the A/C unit seems to be a convenience for <br /> the property. <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 single family home is a reasonable use for <br /> the property. The variance request for the A/C unit is a convenience to the <br /> property owner when a reasonable conforming location is available in the rear <br /> yard. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> Staff find this not the be true. 4 other homes in addition to this address had <br /> A/C units located in nonconforming locations. The other 4 properties were able <br /> to move the units to meet City Code. and <br /> c. The variance will not alter the essential character of the locality. The variance <br /> will alter the character of the neighborhood by allowing the A/C unit within a <br /> few feet of a property line and in a utility easement. <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 />