08-20-2018 Planning Commission Packet

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LA 18-000067 August 20, 2018 Page 3 of 4 the front and side setbacks should not impede sightlines or change of character of the neighborhood, which follows the general intent of the ordinance. 2. The variance is consistent with the comprehensive plan. Adding a detached single car garage as an accessory structure where no garage is located on the property 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; Currently the property does not have any garage space, adding a single car garage in the proposed location on a substandard lot is reasonable. b. There are circumstances unique to the property not created by the landowner; The lot is substandard in area and width to the zoning district limiting the buildable area on the site and c. The variance will not alter the essential character of the locality. The neighborhood has many substandard lots with structures places within the setbacks of the zoning district. Adding a single stall garage to this property will not alter the character of 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 use for a detached garage is an allowed use in the RR -1B 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. Most of the properties in the area already have garages, this property is unique with no current garage structure and the substandard lot and limited building envelope. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant believed this to be true. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has explained this to be true to use a detach garage is necessary to the use and safety of the property. 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 proposed location on a substandard lot should not impede sightlines or change of character of the neighborhood. 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 this to be true. The Commission may recommend or Council may impose conditions in granting of variances.