09-17-2018 Planning Commission Packet

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LA18-000071 September 17, 2018 Page 3 of 5 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 Planning Commission should discussion the intent of the fence setbacks to determine if the proposed fence location is in harmony with the intent of the Ordinance. A fence structure in the lake yards, and in the average lake setbacks does not appear to serve the intent of the ordinance. 2. The variance is consistent with the comprehensive plan. An addition of a fence to a property with an existing home 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 use of a fence is a reasonable accessory use within the LR -1A District. b. There are circumstances unique to the property not created by the landowner; The Planning Commission should discuss any unique characteristics to the property for the proposed project. and c. The variance will not alter the essential character of the locality. A fence should not alter the character of the area. The commission should discuss if an expansion of a fence in the lake yard will alter the character of the area. 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 fence is an allowed use in the LR -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. The applicant has stated that the fence requirements and height limitations become out of the ordinary as it would require a small part of the fence to vary in height. The applicant feels to maintain a common and more pleasant aesthetic the variance as request should be granted. The commission should discuss if this meets the criteria. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The commission should discussion any unique conditions to the property.