06-21-2022 Planning Commission Packet

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FILE#LA22-000029 21 June 2022 Page 3 of 4 ifor property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance.The applicant is proposing to construct a pole building for a residential accessory use on a residentially zoned property which is consistent with the intent of the ordinance. The intent of the regulation is,in part,to reinforce the accessory nature of the accessory buildings; allowing a larger(square foot and/or mass) building blurs that objective. 2. The variance is consistent with the comprehensive plan.The variances resulting in a permit for a pole building in a rural residential zone 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 applicant is proposing to use the property in a reasonable manner with the construction of an accessory building. Reasonable use of the property is afforded with the residential building on the property. Further,accessory buildings, including oversized accessory building,are permitted on the property,with the stipulation that they be no higher than the principal building. The height restriction relating to the principal building applied to this property results in limited options to construct a functional conforming height building. b. There are circumstances unique to the property not created by the landowner; the existing home on the property is the limiting factor and was not constructed by the • current owner; and c. The variance will not alter the essential character of the locality.The proposed height and location of the pole building are consistent with the character of the neighborhood which is not likely to be altered by construction of the pole building. 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 an accessory building is an allowed 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 height of the home on the property is lower than many of the adjacent or neighboring homes on Fox Street,and is unique to the property. Many of the neighboring properties have accessory buildings which are equal to or taller than the proposed which may support the requested variance. 9. The conditions do not apply generally to other land or structures in the district in which the • land is located.The limiting height of the home on the property is lower than many of the adjacent or neighboring homes on Fox Street, and is unique to the property.