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08-20-2018 Planning Commission Packet
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08-20-2018 Planning Commission Packet
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LA 18-000067 <br />August 20, 2018 <br />Page 3 of 4 <br />the front and side setbacks should not impede sightlines or change of character of the <br />neighborhood, which follows the general intent of the ordinance. <br />2. The variance is consistent with the comprehensive plan. Adding a detached single car <br />garage as an accessory structure where no garage is located on the property is <br />consistent with the comprehensive plan. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls; Currently the property does not have any <br />garage space, adding a single car garage in the proposed location on a <br />substandard lot is reasonable. <br />b. There are circumstances unique to the property not created by the landowner; <br />The lot is substandard in area and width to the zoning district limiting the <br />buildable area on the site and <br />c. The variance will not alter the essential character of the locality. The <br />neighborhood has many substandard lots with structures places within the <br />setbacks of the zoning district. Adding a single stall garage to this property will <br />not alter the character of the neighborhood. <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 detached garage is an allowed <br />use in the RR -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. Most of the properties in the area already <br />have garages, this property is unique with no current garage structure and the <br />substandard lot and limited building envelope. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The applicant believed this to be true. <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 has explained this to be true to <br />use a detach garage is necessary to the use and safety of the property. <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. The proposed <br />location on a substandard lot should not impede sightlines or change of character of the <br />neighborhood. <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 has stated this to be true. <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />
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