06-21-2021 Planning Commission Packet

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FILE#LA1-000041 21 June 2021 Page 3 of 5 • where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. 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. 14,when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed setback variance is in harmony with the purpose of the Ordinance. The substandard lot has difficulties due to its small size, shape, and topography. The proposed footprint expansions are screened from adjacent properties by existing vegetation and topography.The encroachment results in a minimal one-story increase the massing of the home. 2. The variance is consistent with the comprehensive plan. The variance proposed to increase the size of the residential attached garage on this nonconforming lot is consistent with 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 request to permit construction of the small addition to the home on the substandard lot is reasonable. b. There are circumstances unique to the property not created by the landowner; The substandard lot size and location of the home are existing conditions.The limited yard/open space availability on the garage side of the home is a condition not created by the owners. There should be consideration for variance approval for a minimal building encroachment within the setbacks. The addition has been designed to have minimal visual impact on the most affected side;and c. The variance will not alter the essential character of the locality. The variance is requested in order to permit the creation of additional storage space with minimal impact to massing and minimal encroachments into setbacks,which is reasonable.The project should 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. 17, 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 residence is an allowed use in the LR-1A • District.