Laserfiche WebLink
FILE#LA21-000031 <br /> 17 May 2021 <br /> Page 4 of 5 <br /> defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code • <br /> Chapter 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 an accessory garage is an allowed use in the <br /> LR-1B 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 size,width,and <br /> topography creates difficulties which also apply to many of the properties in the same <br /> neighborhood. The setbacks are not out of character. The proposed structural and <br /> hardcover levels are met. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The property's substandard width,topography,and proximity to the <br /> County roadway create difficulties which apply to some properties in the immediate <br /> area but not the LR-1B district as a whole. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. According to the applicant,granting the rear <br /> setback variance is necessary for the preservation of the property right of the owners. <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. Granting the <br /> setback variance in this unique situation is not contrary to the intent of the zoning <br /> chapter as the improvement is not shown to adversely impact adjacent property • <br /> owners. <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. Volume expansions of the garage are <br /> not permitted without variances.The variances from the rear setback is appropriately <br /> scaled for the owners'use and for the neighborhood.The variance will not merely serve <br /> as a convenience. <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 /> Public Comments <br /> To date, no public comments have been received. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 4. Are there any other issues or concerns with this application? • <br />