Laserfiche WebLink
LA18-000098 <br /> January 22,2019 <br /> Page 3 of 4 <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 single family home with a <br /> detached garage is an allowed use in the RR-1A 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 property has some unique topography <br /> with the grading sloping down along the East side of the parcel limiting some of the <br /> buildable footprint forward of the principal structure. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The topography is unique to this lot within the neighborhood. <br /> 10. 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 this to be true by <br /> allowing the property owners to maintain the appearance of the property. <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.The property <br /> owners believe that granting the proposed variance will not in any way impair the <br /> health, safety, comfort, morals,or in any other respect be contrary to the intent of the <br /> Zoning 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 property owners believe the <br /> granting of the variance is necessary to alleviate the demonstrable difficulties of <br /> topography along the East side of the property and in the rear of the property. <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 /> Septic System Status <br /> Staff has completed a preliminary review of the project for compatibility with the septic system, <br /> and has determined that the project is not likely to impact the existing or future septic sites. <br /> The site plan for the building permit should call out the alternate septic site. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and <br /> should be asked for additional testimony regarding the application. <br /> Practical Difficulties Analysis <br /> Due to the unique topography and configuration of improvements on the property the request <br /> for a front yard setback variance seems reasonable. <br /> Engineer Comments <br />