04-08-2019 Council Packet - Laserfiche WebLink

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FILE # LA19-000011 18 March 2019 Page 3 of 6 anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The small lot includes difficulties resulting from its small size and width, and proximity to the lake and the trail property to the rear. The lot is also challenged by Crystal Bay Road which runs through the lake yard. The Planning Commission should discuss whether the addition, establishing a 1.2 inch setback, is in harmony with the intent and purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. The use of the property is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction of an addition to the home on the substandard lot, within the rear yard setback, may be somewhat reasonable as the property’s reduced size and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties creates difficulties. However the project should not adversely impact adjacent properties, and should conform to the building code. A 1.2 inch rear yard setback does not seem reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small lot size, its location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. The existing/proposed hardcover level is unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home designed to fit the character of the neighborhood according to the submitted information. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable.