08-16-2021 Planning Commission Packet

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CITY OF ORONO PRACTICAL DIFFICULTIES WORKSHEET FOR VARIANCES Beth Paulson 2695 Shadywood Road 1. "The variance is in harmony with the general intent and purpose of the Ordinance." This variance request utilities the guidance of the zoning ordinance City Planning Staff through demonstrating practical difficulties in meeting exact ordinance requirements with specific situations which create an impossible ability to abide to the ordinance as written. It is these situations that the ordinance provides for exceptions to full compliance through a variance/public hearing process. The ultimate and honorable goal is to control yet still allow all properties to be put to a "reasonable use." This is the spirit of this application. 2. "The variance is consistent with the comprehensive plan." The comprehensive plan does not suggest the subject property to change its designated use as a single family use;therefore, it is consistent. 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 property owner desires a reasonable use of their property. Presently,there exists absolutely no buildable area by current ordinances adopted after the property was sub-divided and the current home was allowed to be built. Since the existing home more than substantially meets every other control (e.g., structural coverage, hardcover, maximum height, etc.), it would be unreasonable not to allow a small addition to be constructed as is • proposed. b. "There are circumstances unique to the property not created by the landowner;" The owner did not create any of the circumstances of this extremely unique property, including sub-division, building of the existing home,and the earlier ordinances, all of which did allow this situation to happen as well as subsequently more restrictive revisions to same. c. "The variance will not alter the essential character of the locality." The character of the locality is single family homes. Some homes with lakeshore—some without. This will not be altered. With the existing home being 1-story and a low pitched roof,the proposed project is totally sympathetic to that aspect of the locality and surrounding neighbors. 4. "Economic considerations alone do not constitute practical difficulties." Economics are not at all a justification nor a practical difficulty of this application. 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 application has no aspects relating to issues of solar energy systems or earth sheltering. 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." The proposed use is permitted within the present zoning classification/district. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 411 Temporary use as a two-family dwelling is not related in any way to this proposal.