08-17-2020 Planning Commission Packet

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PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA20-000062 1.The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. esponse: Response:The existing lot(152 x 214) is a lot of record,that previous had a home on it.The gross lot area is 32,658 sf,the net(less roadway easement) lot area is 21,644 sf(0.50ac) (119 x 181).The current zoning is RR-1B, 2.0 acres, 200 width.The landowner is proposing to construct a new single-family home with 3 variance requests, #1 Lot Area: 0.50 ac vs. 2.0 ac(min), #2 Lot Width: 119.25 feet vs 200 feet(min), #3 Septic System Type IV Performance System vs 2 Type 1 Systems. 2.The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: Response: The lot already exists,the proposed home fits within the setbacks, not allowing the construction of a new single-family home on the lot would be considered a taking by the City.The zoning district guidelines for the septic system is to provide two Type 1 septic sites(primary and secondary)within the proposed lot of a new lot created within the RR-1B zoning district.The owner is proposing to construct a Type IV system with a County Road setback reduction from 66 from centerline of the County Road 19. Within other zoning districts within the City of Orono,the City does allow for only one septic site to be shown.This lot will require a Type IV septic system,these Type IV systems have been approved for other single-family lots. 3.The variance,if granted,will not alter the essential character of the locality. Response: Response: The new residential home will fit within the surrounding residential neighborhood; it allows for a use on the property that previously existed,and the City has allowed other homes to be constructed with only one septic site. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: Response:The variance requests are to construct a new single-family home with a Type IV septic system on a lot that previously contained a single-family home. 5. Practical difficulties 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 Minnesota Statutes,Section 116106,Subd.2,when in harmony with this Chapter. Response: Response: N/A .The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter 1r property in the zone where the affected person's land is located. Response: Response:The proposed single-family home with a Type IV septic system is a reasonable request, since it will still fit within the existing lot of record. 7.The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. Response: Response: The proposed variance request is just for a single-family home. 8.The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. Response: Response:The landowner is working within the constraints for the existing lot of record to construct a new single-family home with a Type IV septic system. 9.The conditions do not apply generally to other land or structures in the district in which said land is located. Response: Response:The variance request is a specific existing lot of record. 10.The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Response: Response:The lot is of record,the City variances would allow for the construction of the new single-family home,that would meet the setback requirements.The lot width and area constraints are set by the size of the existing lot.The septic site is a Type IV and has been approved on other single-family lots. 11.The granting of the proposed variance will not in any way impair health,safety,comfort,morals,or in any other respect be contrary to the intent of the Zoning Code. Response: Response:The requested variances would allow for the construction of a new single-family home on the existing lot of record.This would fit in within the adjoining neighborhood. 2.The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable ifficulty. Response: Response: The existing lot of record, is the only area the applicant may work within.