04-09-2018 Council Packet - Laserfiche WebLink

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FIE] EL1118F000015 10 Mar 0018 ❑age 3 o 5 requested hardcover variance is reasonable and necessary as the existing location of the garage is nonconforming, and the proposed location is conforming. The new garage will be located closer to the existing driveway resulting in less driveway hardcover. 2. The variance is consistent with the comprehensive plan. The variances to permit a detached garage to be constructed in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The uniqueness of the shape, the long narrow driveway neck, and the orientation of the subject property create difficulties for the property owner's reasonable request to rebuild a detached garage. b. There are circumstances unique to the property not created by the landowner; The unique shape of the property was not the result of actions by the landowner. The existing condition of the long thin neck of driveway to reach North Shore Drive contributes to the hardcover overages, and c. The variance will not alter the essential character of the locality. The hardcover variance will not alter the character of the neighborhood; there is an existing improvement on the property situated at a substandard setback which more directly impacting the neighbors to the south and west. The hardcover variance is reasonable and necessary as the most logical location for the improvement is closer to and adjacent to the existing driveway. The hardcover for the property will not increase above the existing hardcover level which includes the assumed driveway. 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 detached garage is an allowed use in the LR -113 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 unique shape and orientation of the Property is not common in the surrounding neighborhood. The long narrow driveway neck results in excess driveway hardcover without the proportionate land area to balance it out necessitate granting a hardcover variance. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The unique shape qualities of the Property are not common in the surrounding neighborhood.