08-19-2019 Planning Commission Packet

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FILE#LA19-000057 19 Aug 19 Page 3 of 6 Accessory Building Variances (Code Sections 78-418(1); 78-1434) Accessory building size limitations are based on the area of the property.The City Code requirements max out at 14+acres allowing a maximum single accessory building to 4,000 square feet and the total accessory building square footage allowed on a +14 acre property of 8,000 square feet. This limitation may make sense on a residential property where an accessory building larger than 4.000 may have a non-residential character. However the golf course use requires larger storage and maintenance facilities than a residential property. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. 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 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 §462.357 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 use for a golf course on this size property follows the general intent of the ordinance. 2. The variance is consistent with the comprehensive plan. The applicant's design is in line with the City of Orono 2040 Comprehensive Plan,which include maintaining the natural character of the site,minimizing impacts to neighbors(screening,sound buffering),and natural resource impacts such as hardcover, grading, tree removal, and the control of storm water runoff off site. 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 golf course use is permitted, and the improvements proposed to support this use are reasonable. b. There are circumstances unique to the property not created by the landowner; The landowner is proposing to construct buildings to support the permitted use oriented to improve upon the existing condition; and a. The variance will not alter the essential character of the locality. The Wayzata Country Club has been part of the community since the 1950s.Their proposed plan is intended to improve on the open space and natural character. In addition, most of the proposed development is screened by existing vegetation or built into grade to screen the buildings and activities from surrounding residential properties.