06-12-2017 Council Packet - Laserfiche WebLink

Home Browse Search

#17-3937 15 May 2017 Page 3 of 5 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for the generator to serve the residence 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 request to permit construction of a concrete pad and generator within the lake setback and possibly within the wetland setback appears to be reasonable as the adjacent properties will not be adversely impacted; the uniqueness of the shape and orientation of the subject property create separation from the adjacent neighbors; the proposed improvement will be located near an existing public utility improvement. 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 improvement will not result in diminished lake views enjoyed by neighboring properties; and c. The variance will not alter the essential character of the locality. The lake setback, hardcover, and possible wetland setback variances will not alter the character of the neighborhood; there is an existing utility improvement on the property situated at a similar setback and location. it does not appear that the requested variance to permit the improvement within the lake setback will adversely impact views of the lake currently enjoyed by the adjacent property owners. The lake setback and hardcover variances are reasonable and necessary as the most logical location for the improvement is adjacent to the existing secondary driveway near the existing City utility improvements. The topography of the property creates difficulties in moving the improvement to meet the 75 -foot setback. The hardcover for the property is below 25% and the new hardcover is mitigated by the excess greenspace on the property. 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 a generator to support a residential use is an allowed use in the LR -IA 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 topography and the island -like nature of the property creates increased difficulties which drive the location of the improvement toward the lake.