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FILE#LA20-000021 <br /> May 18 2020 <br /> Page 3 of 4 <br /> 2. The variance is consistent with the comprehensive plan. This statement is true; the <br /> requested variance is in line with the rural residential goals within the comprehensive <br /> 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; The variance request is residential in nature <br /> and are reasonable considering existing conditions of the property. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the location of the existing home and the site configuration was not created by <br /> the owner, and <br /> c. The variance will not alter the essential character of the locality. The proposed <br /> addition is in the rear of the home backing up to a heavy wooded area. The <br /> visual impacts will be minimal from the street as well as from adjacent <br /> properties. The proposed addition will not alter the character of the <br /> neighborhood. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may <br /> be 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 an addition to a home is an allowed use in <br /> 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. The setback requirements, the size and <br /> shape of the property is similar to the other properties in the neighborhood within the <br /> RR-1B district. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The existing home is nonconforming as it currently sites within the <br /> front and north side required yard. The property also is served by septic with has <br /> infrastructure location to the south of the home and the overall property is substandard <br /> in area creating a smaller building envelope for the parcel making creating unique <br /> challenges for the property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The proposed addition for a garage is <br /> necessary to permit the property owners continued enjoyment of their property. The <br /> addition is located in a location which serves the intent and goals of the ordinance by <br /> minimizing visual impacts being on the rear of the home. <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 /> project will not impair the health,safety,comfort,or morals of the public. <br />