06-08-2020 Council Packet - Laserfiche WebLink

Home Browse Search

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