Laserfiche WebLink
LA20-000042 <br />July 20, 2020 <br />Page 3 of 4 <br /> <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />proposed variance is in harmony with the intent and purpose of the Ordinance. The <br />project reduces hardcover bringing the property into conformance. The side yard <br />setback is minimal and reasonable for stair access. <br />2. The variance is consistent with the comprehensive plan. The proposed project to <br />remodel an existing home on a narrow lot working to meet all official controls. The side <br />yard setback variance is looking to address existing conditions within the home. The <br />project is working to follow the goals of the comprehensive 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 proposed project to remodel an existing <br />home on a substandard lo while bringing the hardcover into conformance with <br />a minimal encroachment within the side yard to allow access to existing stairs <br />is following to goals for comprehensive plan. <br />b. There are circumstances unique to the property not created by the landowner; <br />the existing home and substandard lot are unique and not created by the <br />property owner. and <br />c. The variance will not alter the essential character of the locality. . The variance <br />is requested in order to permit an addition to the home designed to fit the <br />character of the neighborhood according to the submitted information. <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 single family home is an allowed use in the <br />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’s substandard width as well <br />as the existing home create difficulties and are peculiar. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The applicant is working to keep the existing home with the <br />proposed addition showing a small 2x6 encroachment into the side yard setback to <br />allow for a landings to an existing stairway. The current property which exceeds city <br />hardcover requirements will be brought into conformance. The existing conditions are <br />unique to this property and the proposed project would bring the overall hardcover for <br />the property closer to conforming to the City regulations. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Granting to side yard setback variance is <br />necessary for the use and preservation of the property.