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LA19-000036 <br /> June 17,2019 <br /> Page 3 of 4 <br /> property line are special conditions unique to the Property. The location of the <br /> existing garage does not conform to current setback requirements. The new <br /> proposed garage structure will conform to current setback requirements. <br /> Additionally, the new proposed site plan will reduce the total existing <br /> hardcover. and <br /> c. The variance will not alter the essential character of the locality. The decrease of <br /> hardcover, though above allowable limits, appears generally consistent with <br /> neighboring properties. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located.This condition is not applicable,as the use for a single family home is an allowed <br /> use in the LR-1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The property is substandard per the City <br /> Code in size area for the zoning district creating a smaller building envelope compared <br /> to other properties in the LR-1B district. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The property is small and narrow in shape with limited building <br /> envelope allowed for the LR-1B district. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The applicant is proposing to maintain the <br /> same use of the property but bring the structures more into conformance with the City <br /> Code with the proposed addition and demolishing of existing detached structure. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested variance for the home will not adversely impact health, safety, comfort, or <br /> morals; nor will it be contrary to the intent of the Code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty.The applicant is working to maintain the <br /> same use for the single family home. The applicant has worked through a variety of <br /> scenarios to alleviate the nonconformities currently in existence on the property. The <br /> request to maintain the existing level of hardcover is not out of convenience but a <br /> necessity for the use of the property. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br />