10-14-2019 Council Packet - Laserfiche WebLink

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LA19-000038 June 17, 2019 Page 2 of 4 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 §462.537 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 variance is in harmony with the purpose of the Ordinance. The existing conditions of the structure creates difficulties for conforming improvements to the home. 2. The variance is consistent with the comprehensive plan. The proposed variance to expand the structure on a nonconforming lot of record is 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 construction of the additions to the home on the substandard lot, in the proposed location within the front yard setback, appears to be reasonable as the project will not change the current setbacks. The property’s existing conditions due to the placement of the home creates difficulties. b. There are circumstances unique to the property not created by the landowner; the existing conditions due to the location of the home is unique and c. The variance will not alter the essential character of the locality. Few of other properties in the neighborhood have similar setback challenges, the subject property will not be out of character with the neighborhood. 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 single family home is an allowed use in the RR-1A District.