02-11-2019 Council Packet - Laserfiche WebLink

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LA18-000091 1.22.2019 Page 3 of 4 defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a single family home with an A/C unit is an allowed use in this District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Staff finds this not to be true. No unique or special conditions were submitted to staff regarding this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. Staff finds this not to be true. No unique or special conditions were submitted to staff regarding this property. Other properties in this development have to follow the same standards and have similar setbacks and drainage and utility easements. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has stated that granting this variance will improve the enjoyment of the property for the owner and neighbors due to noise abatement and visually. Staff finds this does not meet the standards for a variance. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The applicant has stated this to be true and noted that the location on the side of the home verses the rear makes the area safer for the children because it is further away from the play area. It would “alleviate the potential of electrocution, dismemberment as well as other potential hazards from high rpm fan blades and 240 volt electricity.” Staff finds by placing the A/C unit in a conforming location in the rear yard would meet the code and variance request does not meet this standard. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Staff finds granting this variance would be a convenience to the applicant and does not meet the variance standards. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis The applicant did not submit complete written practical difficulties. The Commission should consider asking the applicant to supply verbal comment for the variance standards. Staff recommends denial of the submitted variance request to allow for the existing A/C unit to remain in the side yard, where is it placed within 2 feet of the property line and completely within