11-13-2018 Council Packet - Laserfiche WebLink

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LA18-000081 October 15, 2018 Page 3 of 4 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. 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 is an allowed use in the RR-1A 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. The size of the lot with in the RR-1A zoning district is unique for the requested setback variances. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The size of the lot and its locations as it pertains to the existing zoning district is peculiar to the property. The lot is non-conforming as to width, the RR-1A zone requires 300 feet. The lot at 140 wide offers a 40’ wide buildable envelope. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this statement to be true to allow for construction of an addition to a single family home on this parcel. 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. Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The application has stated the narrow lot has setback challenges for constructing additions to an existing single family home. 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. Septic System Status Our building office will conduct a septic review before a building permit can be issued. The septic was complaint as up February 2017. 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, Conditional Use Permit, Site Plan Analysis Staff finds there are practical difficulties inherent to the property due to the nonconforming lot being less than half the required width. This creates a challenging building envelope in the RR-1A district. Pertaining to the east side proposed encroachment, the applicant is not asking to be closer than principle structure in this side yard. The addition will be in the rear of the home that will not alter the current side yard.