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05-20-2019 Planning Commission Packet
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05-20-2019 Planning Commission Packet
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LA19-000027 <br /> May 20,2019 <br /> Page 3 of 5 <br /> driveway or remove any soil to accommodate a lean to). Neighborly, we will <br /> have increased setback distance than required, remove zero trees, keep the <br /> "wild brush barrier" between us neighbors,therefore,the neighbor won't have <br /> clear line of sight to the lean to. Plus we will use the same exterior products on <br /> the lean to that we used on our existing structure.An addition on to our existing <br /> structure is less cost, more environmentally friendly and the more neighborly <br /> choice." and <br /> c. The variance will not alter the essential character of the locality. "This variance <br /> would increase the character of the locality by not removing trees, by not <br /> disturbing the environment, by not removing the "wild brush barrier," and by <br /> not having to haul fill in our haul fill out.This lean to will not be able to be seen <br /> from the road in front of our house.A new stand alone structure would be able <br /> to be seen from the road." <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. The applicant has <br /> stated that economic considerations have been a factor as well as environmental and <br /> neighborly. <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 an Oversize Accessory Structure <br /> is an allowed use in the PRD/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. No special conditions apply to allow for a <br /> larger oversize accessory building then what is permitted. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The applicant states trying to make everyone adhere to the same <br /> standards does not work and should be looked at as a case-by-case basis. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Allowing this variance will allow for further <br /> enjoyment of the property by creating addition storage space to keep possessions <br /> secure. <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 applicant <br /> states allowing the variance will increase safety and health for the applicant because <br /> they won't have to worry about their possessions. The applicants statement can be <br /> met by also following the City Code preventing the need for a variance. <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 applicant has stated they need the <br /> addition to allow for trailer storage due to theft and vandalism. The applicant has <br /> concerns regarding safety and security of their possessions. The request for a variance <br /> does not establish any demonstrable difficulty unique to the property. <br />
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