06-17-2019 Planning Commission Packet

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FILE#LA19-000004 19 Feb 2019 Page 3 of 5 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 additions to the home on the substandard lot, in the proposed location within the rear yard setback, appears to be somewhat reasonable as the property's reduced size creates difficulties and the location of the existing home makes expansion in a conforming way on the west side impossible.The encroachment proposed within the rear yard appears to be reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small size, location of the home with respect to the rear yard/alley, and required setbacks prevent expansion of the residential footprint.The conditions of the lot—size/depth,setbacks,wetland—are unique to the property; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of additions to the existing home which will encroach no further into the setback than the existing lean-to portion of the home (to be removed); and will not alter the character of the neighborhood according to the submitted information. 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-1B 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 property's substandard size, the required setbacks, and the existing home's proximity to the alley/rear lot line create difficulties which also apply to some of the properties in the same neighborhood. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property's substandard size, the required setbacks, and the existing home's proximity to the alley/rear lot line create difficulties which also apply to some of the properties in the same neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.Granting the rear yard setback variance is are necessary for the preservation of 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 rear yard setback variance in this unique situation is not contrary to the intent of the zoning chapter.