10-25-2021 Council Packet - Laserfiche WebLink

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FILE # LA21-000068 October 25, 2021 Page 3 of 4 property, adjacent to a drop off for Hwy 12 and a rail corridor. The building height as defined reflects the drop off of slope toward the west end of the building. From the street, the building will appear conforming. 2. The variance is consistent with the comprehensive plan. The use of the property is a permitted use in the RR-1B zoning district. 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; In the site design, the goal was to shift the building as far away from neighboring residential parcels to maximize screening. To maximize the southern setback, the northern setback was reduced. The building height is necessary for the internal workings of the building (large truck lifts, storage) and due to the substantial slope of the lot from east to west. b. There are circumstances unique to the property not created by the landowner; The unique design of the lot, both from its long narrow shape and slope of the lot are unique to the property and not created by the landowner and c. The variance will not alter the essential character of the locality. The height variance and the setback will not be discernible to the general neighborhood. Most of the work on the site will occur in the west and north sides. 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 municipal building is a permitted use in the RR-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 long, narrowness of the lot, coupled with significant slope of the property are unique to the lot. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The use of the property for a municipal building is unique to the property and the district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The public works nature of the building requires flexibility from standard zoning regulations which were developed primarily for residential uses. 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. The reduced north side setback and height variance will not impact neighboring properties in these ways, as there are no neighbors to the north (nor will there ever be), and the height issue is caused by the significant drop in the lot.