02-24-2020 Council Packet - Laserfiche WebLink

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LA19-000101 01/21/2020 Page 3 of 4 2. The variance is consistent with the comprehensive plan. Allowing for access to a lot and creation of driveways easements are 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 use of the lot for single family home will not change. This standard is met. b. There are circumstances unique to the property not created by the landowner; The plight of the property owner is due to the existing nonconforming lot of record, which is not created by the land owner, and c. The variance will not alter the essential character of the locality. The character of the neighborhood is not likely to be significantly altered from allowing the lot area variance. 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. 2, 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 single family home is an allowed use in the LR-1A 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 size of the lot with in the LR-1A zoning district is unique and substandard. The actual lot size will not change but per the definition of lot area from the City Code driveway easement must be not count towards overall lot area. This situation is peculiar to this property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The size of the lot and its locations as it pertains to the existing neighbor lot and within this zoning district is peculiar to the property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting this variance will preserve the property right of the applicant. 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 of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The property is unique in size for this zoning district. The applicant has stated the granting of the driveway easement is necessary to alleviate access challenges through the property. 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