03-08-2021 Council Packet - Laserfiche WebLink

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FILE # LA21-000007 16 Feb 2021 Page 3 of 4 The proposed volume “expansions” resulting from the railing are set in from the property lines as they are inset from the edges of the building. The encroachment does not increase the massing of the home. 2. The variance is consistent with the comprehensive plan. The variances proposed to improve a rooftop patio area on this nonconforming lot of record 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 request to permit installation of the rooftop railings on 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. Therefore there is no available land with which to make the property more conforming. The limited yard/open space availability is a condition not created by the owners. There should be consideration for variance approval for a minimal railing encroachment within the setbacks above the existing building. The house addition and renovation have been designed with an effort toward working within the existing building and required setbacks without sacrificing functionality; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit the creation of additional outdoor space with minimal impact to massing or additional 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. 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 improvements to a residential home are allowed in the LR-1C 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, depth, and unique configuration creates difficulties which do not apply to many of the properties in the same neighborhood. Prior to the renovation, the existing non- residential-looking building was out of character with the neighborhood. The current renovation and the proposed railing encroachments will make the building appear more residential in character. 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 size, depth, house location, in addition to the unique configuration creates difficulties which apply to very few properties in the City.