11-13-2017 Council Packet - Laserfiche WebLink

Home Browse Search

FILE # 17-3966 October 16, 2017 Page 3 of 5 subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one -family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The lot width and lot area variances requested are consistent with the general intent of the Ordinance. The rear setback variance is in harmony with the purpose of the ordinance. The lot includes challenges with the steep slope and the curved right of way limited the building envelope of the property. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family 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 the home on the substandard lot, in the proposed location within the rear yard setback seems reasonable as the property is steep and could become hazardous in the winter months if the garage is moved to meet the setback by creating a longer and steeper driveway. b. There are circumstances unique to the property not created by the landowner; The sub -standard size of the Property was not the result of actions by the landowner. The location of the home with attached garage on the Property, the steepness of the lot, the narrowness and shallow depth of the buildable area of the property create difficulties for developing the Property and C. The variance will not alter the essential character of the locality. The lot area and width variances will not alter the character of the neighborhood. It does not appear that the setback variances to permit the new home will adversely impact the adjacent property owners. The neighboring parcel has a home much closer to the road than it proposed. 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 single family home 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 small building envelope with the