02-13-2017 Council Packet - Laserfiche WebLink

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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 2. "Variances shall only be permitted ... when the variances are consistent with the comprehensive plan." The variance resulting in a permit for additions to a single family residence in a residential zone are consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit additions to the existing home within the 10 foot side setback area appears to be reasonable as the existing detached garage currently occupies this space, therefore the adjacent properties may not be adversely impacted. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The location of the existing home and detached garage were preexisting conditions and not created by the Applicants. c. The variance, if granted, will not alter the essential character of the locality. " The connection between the existing detached garage and the home resulting in the detached garage becoming part of the principal structure will likely not have an impact on the neighbor to the south. However, the existing detached garage is setback only 1.3 feet from the property line and there is only approximately 11 feet between this structure and the neighboring home. It is unknown if this existing situation has an adverse impact on the neighbor or if it will be exacerbated by the proposed project but it is unlikely to result in a change in character. 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 a residential home and detached garage are allowed uses in the LR -1C District.