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LA20-000056 <br /> September 21,2020 <br /> Page 3 of 4 <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 a single family home with an accessory <br /> building is an allowed use in the Lr-1C 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 property is substandard in size and has <br /> an existing nonconforming accessory building, which also apply to many properties in <br /> the area. The setbacks are not out of character. <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 accessory building is located within a setback which is <br /> nonconforming to the city code. This is similar to other structures in the district. <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 states the due to the location <br /> of the existing accessory building on the property, the goal for the remodel/ <br /> encroachment is to make it safer and more attractive. Staff finds there is other <br /> locations of the property that are conforming to the code and the applicant is able to <br /> rebuild the existing accessory structure in-kind in the same location. The owner <br /> currently has use of the property for the enjoyment of the principle home. The <br /> encroachment for an accessory building in the setback would act as a convenience. <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 /> roofline encroachment is not supported by practical difficulty and maybe contrary to <br /> the intent of the zoning chapter. <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 proposed roofline encroachment <br /> would serve as a convenience to the applicant as they have reasonable use of the <br /> property for a single family home. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Engineer Comments. The structure is close to the property line. I would recommend installation <br /> of gutters and downspouts or other means to ensure roof runoff is not directed toward <br /> the neighboring property. <br /> Public Comments <br />