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LA18-000081 <br />October 15, 2018 <br />Page 2 of 4 <br /> <br />This parcel is not located in the Stormwater Overlay District. <br /> <br />Applicable Regulations: <br />Variance (78-395) Side Yard Setback <br />The applicant is requesting a 38 foot west side yard setback and a 42 foot east side yard setback <br />where 50 feet is required. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and <br />anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br />on values of property in the surrounding area. The Planning Commission shall consider <br />recommending approval for variances from the literal provisions of the Zoning Code in instances <br />where their strict enforcement would cause practical difficulties because of circumstances unique <br />to the individual property under consideration, and shall recommend approval only when it is <br />demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br />Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <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 /> <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 />applicant is proposed to remodel and construct an addition to the existing single family <br />home on a residential lot, which is consistent with the intent of the ordinance. <br />2. The variance is consistent with the comprehensive plan. The variances resulting in a <br />permit for a new single family residence in a residential zone 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 applicant is proposing to use the property <br />in a reasonable manner with the construction on a single family home. There is <br />limited space to construct a conforming structure on the site due to the lots <br />nonconforming size and width. <br />b. There are circumstances unique to the property not created by the landowner; <br />The plight of the property owner is due to the existing substandard lot size and <br />shape and <br />c. The variance will not alter the essential character of the locality. . The character <br />of the neighborhood is not likely to be significantly altered from replacement of <br />the residence which is consistent in character and size with the surrounding <br />homes. <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.