10-21-2019 Planning Commission Packet

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FILE#LA19-000082 21 Oct 19 Page 3 of 5 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 proposed variances are in harmony with the purpose of the Ordinance. The small lot includes difficulties in its double lake frontage, small size, and width. The additions were designed to protect lake views for the neighbors and meant to be within existing improved areas. 2. The variance is consistent with the comprehensive plan. The proposed variances to improve this nonconforming lot 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 the additions to the home on the substandard lot, in the proposed location within the setbacks, appears to be somewhat reasonable as the property's reduced size and orientation with respect to the dual frontage lakeshore, Fagerness Point Road, and adjacent properties creates difficulties. The hardcover level, and encroachments proposed within the average lake setback, side yard, street yard, and lake yard appear to be reasonable. b. There are circumstances unique to the property not created by the landowner; The uniquely small size, location with respect to the lake and roadway, and required setbacks prevent a residential footprint consistent with the neighborhood. The proposed hardcover level and setbacks 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 home which are designed to fit 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.