06-14-2021 Council Packet - Laserfiche WebLink

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FILE # LA21-000031 17 May 2021 Page 4 of 5 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 an accessory garage is an allowed use in the LR-1B 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 property’s substandard size, width, and topography creates difficulties which also apply to many of the properties in the same neighborhood. The setbacks are not out of character. The proposed structural and hardcover levels are met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard width, topography, and proximity to the County roadway create difficulties which apply to some properties in the immediate area but not the LR-1B district as a whole. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. According to the applicant, granting the rear setback variance is necessary for the preservation of the property right of the owners. 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 the setback variance in this unique situation is not contrary to the intent of the zoning chapter as the improvement is not shown to adversely impact adjacent property owners. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Volume expansions of the garage are not permitted without variances. The variances from the rear setback is appropriately scaled for the owners’ use and for the neighborhood. The variance will not merely serve as a convenience. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2. Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any other issues or concerns with this application?