06-10-2019 Council Packet - Laserfiche WebLink

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LA19-000027 May 20, 2019 Page 3 of 5 driveway or remove any soil to accommodate a lean to). Neighborly, we will have increased setback distance than required, remove zero trees, keep the "wild brush barrier" between us neighbors, therefore, the neighbor won't have clear line of sight to the lean to. Plus we will use the same exterior products on the lean to that we used on our existing structure. An addition on to our existing structure is less cost, more environmentally friendly and the more neighborly choice." and c. The variance will not alter the essential character of the locality. "This variance would increase the character of the locality by not removing trees, by not disturbing the environment, by not removing the "wild brush barrier," and by not having to haul fill in our haul fill out. This lean to will not be able to be seen from the road in front of our house. A new stand alone structure would be able to be seen from the road." 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. The applicant has stated that economic considerations have been a factor as well as environmental and neighborly. 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 an Oversize Accessory Structure is an allowed use in the PRD/ RR -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. No special conditions apply to allow for a larger oversize accessory building then what is permitted. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant states trying to make everyone adhere to the same standards does not work and should be looked at as a case-by-case basis. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Allowing this variance will allow for further enjoyment of the property by creating addition storage space to keep possessions secure. 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. The applicant states allowing the variance will increase safety and health for the applicant because they won't have to worry about their possessions. The applicants statement can be met by also following the City Code preventing the need for a variance. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has stated they need the addition to allow for trailer storage due to theft and vandalism. The applicant has concerns regarding safety and security of their possessions. The request for a variance does not establish any demonstrable difficulty unique to the property.