04-09-2018 Council Packet - Laserfiche WebLink

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L' ',18.000013 March 1 018 age3o i rear yard looks and feels like a side yard which would require a 10 foot side yard. 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. 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 LR -1B 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 is unique because it is surround my right of way on three side and a wetland is located on the east side of the parcel which covers a large portion of the front yard. The proposed addition seems to be reasonable for this existing home and lot. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposed home with the addition will be generally in line with the neighboring homes. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant have indicated that this criterion is met. 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 the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the 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 existing wetland and being surrounds on 3 sides by right of way creates a limited building area for an addition to the home; the variance is necessary and will not merely serve as a convenience to the applicant. 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 Staff finds there is inherent practical difficulties exist with the location of the wetland and the