03-12-2018 Council Packet - Laserfiche WebLink

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FILE #LA18-000006 2/20/2018 Page 3 of 4 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner is proposing to use the property in a reasonable manner but the size of the lot is below the minimum lot size standards of the Zoning Code. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing substandard lot size, which is a result of the property being platted as part of the 'Minnetonka Bluffs' subdivision in 1887, long before local zoning codes were in effect; and c. The variance will not alter the essential character of the locality. The 'Minnetonka Bluffs' neighborhood consists of 50 foot lots but most have been combined so most lots range from 100-200 feet in width and ranging in depth. Over time a majority of these lots have each been developed for individual homes. In the opinion of staff, a single family residence and associated amenities on a single lot in this neighborhood will not be inconsistent with the character of the surrounding neighborhood. 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. S. 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 -16 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 lot area, lot width, setback, hardcover and lot coverage standards applying to this property are similar to those of other properties in the neighborhood, and there are many similar sized developed lots in the neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to all other property in the neighborhood; however, in order to be allowed the 35% hardcover that other developed similar -sized lots are afforded, a variance to lot area and width is required. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. In the opinion of staff, the property rights of the owner will be diminished if the lot area and lot width variances are not granted, as the new residence would not be able to have the 35% hardcover that neighboring similar -sized lots are allowed. 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 area and width variances would not impair health, safety, comfort or morals and would not be contrary the intent of the zoning code.