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FILE #LA19-000010 <br />18 Mar 2019 <br />Page 3 of 6 <br /> <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />requested side yard setback variance is in harmony with the Ordinance as the proposed <br />garage backs up to the neighbor’s detached garage and the applicant proposes a drain <br />tile to manage storm water between the buildings. The neighbors have stated that they <br />will not be impacted by the proposed improvements. <br />2. The variance is consistent with the comprehensive plan. The variances resulting in a <br />permit for construction of an accessory building/garage in addition to the existing <br />single family residence in a residential zone are consistent with the Comprehensive <br />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 building <br />within the side yard setback appears to be reasonable as the owners of the <br />adjacent properties have stated that they are not adversely impacted; the <br />homes’ orientations and locations separate the building from the adjacent <br />neighbors. <br />b. There are circumstances unique to the property not created by the landowner; <br />the location of the existing garage to be replaced, width of the lot, access to the <br />proposed garage, the orientation and location of the neighboring homes, and <br />the existing topography are conditions not created by the landowner; and <br />c. The variance will not alter the essential character of the locality. It does not <br />appear that the requested setback variance for the detached garage will <br />adversely impact the adjacent property owners or alter the character of the <br />locality. <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 the use for a residential garage with office <br />space is an allowed use in the LR-1B 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 location of the existing garage, the <br />access easement on the northwest side of the property , the orientation and location <br />of the neighboring homes, width of the property, the topography and access to the <br />garage are unique conditions affecting the subject property. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The location of the existing garage, the orientation and location of <br />the neighboring homes, the property width, the topography and access to the garage <br />are unique conditions affecting the subject property.