10-12-2020 Council Packet - Laserfiche WebLink

Home Browse Search

FILE #LA20-000058 21 Sept 2020 Page 3 of 4 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The variance request to allow expansion of the driveway hardcover may be reasonable and may be supported by the practical difficulties found in the restricted maneuverability which results from the narrow width and orientation on the property in addition to the steep access to the elevated, highly trafficked roadway is not unreasonable. b. There are circumstances unique to the property not created by the landowner; The shared driveway access and topography of the lot were not created by the owners. However the recent redevelopment of the property provided a missed opportunity to improve the driveway situation; and c. The variance will not alter the essential character of the locality. The minimal hardcover variance requested to provide better maneuverability on the driveway will not alter the essential character. 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 a driveway for a residence is an allowed use in the LR-1C 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 sloped topography, lot width and depth, and shared driveway situation are particular to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The street adjacent to this lot is substantially higher than the house. The slope conditions and orientation of the access to the busy roadway do not generally apply to the other properties in the LR-1C district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owners indicate that granting the hardcover variance is necessary for the preservation of their property right. 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. Granting a hardcover variance to allow for a safer driveway in this situation is not contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. All of the practical difficulties have not been met to justify supporting the hardcover variance. It appears the driveway configuration should have been addressed with the Owners’ recent redevelopment of the property. The granting of the variance would alleviate created safety concerns for the owners, rather than convenience. This criterion is not met.