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FILE#LA19-000020 <br /> 15 April 2019 <br /> Page 3 of 5 <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 /> proposed variances are in harmony with the purpose of the Ordinance. The small lot <br /> includes difficulties in its small size and width. The applicants request to maintain the <br /> substandard setback on the east side may be reasonable considering the 34 foot setback <br /> of the eastern neighbor's home from the subject property resulting in a 37.4-foot <br /> separation between the two homes (existing and proposed). <br /> 2. The variance is consistent with the comprehensive plan. The proposed variances to <br /> expand the home on a nonconforming lot of record 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 request to permit construction of the <br /> additions to the home on the substandard lot, in the proposed location within <br /> the front and side yard setbacks, appears to be somewhat reasonable as the <br /> property's reduced size and width create difficulties. The hardcover level, <br /> building coverage, and encroachments proposed within the required yards in <br /> addition to the driveway setback appear to be reasonable. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the uniquely small size and width, and required setbacks prevent a reasonable <br /> residential footprint. and <br /> c. The variance will not alter the essential character of the locality. The proposed <br /> footprint is smaller than the permitted 2,000 square feet.The other properties <br /> in the neighborhood have similar setback challenges, the subject property will <br /> not be out of character with the neighborhood. <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 /> 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 a residential home is an allowed use in the <br /> LR-1C 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 />