02-27-2017 Council Packet - Laserfiche WebLink

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FILE #17-3901 21 Feb 2017 Page 3 of 4 appear that a second story addition will adversely impact the neighbor to the east. 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 residence 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 home as constructed in 1963 met the 100 foot setback. As a result of the taking of the land to reorient Sixth Avenue (County Road 6) it is now at a nonconforming setback on the Property. The proposed improvements will not increase the footprint nonconformity within the setback. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The topography, which drops off steadily as you move north and northwest, the substandard are of the lot, as well as the nonconforming location of the home on the lot make the Property unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Options for conforming expansions of living space, including going upward, are limited on the Property by the septic system location and challenges, front setback requirement, and topography. Staff finds the variance is necessary to preserve the property right of the Applicant. 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 variance 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 lot area, the location and size of the existing home, as well as site topography, create practical difficulties affecting the Property; 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. Septic System Status Staff has completed a preliminary review of the project for compatibility with the septic system,