03-08-2021 Council Packet - Laserfiche WebLink

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LA21-000010 February 16, 2021 Page 3 of 4 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The use of the property for a porch addition to an existing single family home are in line with the permitted controls. b. There are circumstances unique to the property not created by the landowner; The home was build in 1957. The applicant wishes add a 3-season porch. The applicant stated the existing home location and substandard lot are practical difficulties for the owner to have enjoyable space. Staff finds the owner has reasonable use of the lot for a single family home. There are also other conforming locations that would allow for addition to the home. and c. The variance will not alter the essential character of the locality. The applicant states the proposed addition would not alter the character of the neighborhood and it would not impact the neighbors. There is also substantial vegetation surrounding the home. 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 a single family home is an allowed use in the R-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. Staff finds that the location of the existing home is peculiar but a reasonable building envelope is still available for additions to the home in conforming locations. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions on the lot being substandard are similar to neighboring properties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The new porch addition would be located in the rear yard setback. The applicant states the existing location of the home and the substandard lot creates practical difficulty for the owner in allowing a useful and enjoyable space for on the existing homes. Staff finds the use and enjoyment of the property is currently being met with a single family home. 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 proposed variance will not impair health, safety, comfort or in any other respect be contrary to 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 proposed addition would serve as a convenience as the use of the property for a single family home is met with open space within a conforming building envelope of the property.