03-13-2017 Council Packet - Laserfiche WebLink

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FILE # 17-3900 21 Feb 2017 Page 3 of 4 The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The property owner wishes to develop the property with a single family home in the future. They have also requested a lot line adjustment via an administrative subdivision exemption in order to increase the area of the lot by approximately 3,900 square feet. To qualify for the subdivision exemption the lot area variance must be granted. There are circumstances unique to the property not created by the landowner; the property owner did not create the substandard lot size; and The variance will not alter the essential character of the locality. The proposed variance will not alter the character of the neighborhood as most of the Foxhill properties are similar in size. 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 LR -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 nonconforming lot area of the property are not uncommon in the surrounding neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The lot area is generally in line with the neighboring properties with respect to size. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Staff finds this criterion to be 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 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 size of the property coupled with the 2 -acre district setbacks create practical difficulties affecting the subject property; the variance is necessary and not merely serve as a convenience to the owner. 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.