07-18-2022 Planning Commission Packet

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FILE#LA22-000035 18 July 2022 Page 4 of 5 comprehensive plan.The setback variance could be eliminated if the building coverage is 111 reduced.This criterion is not met. 3. The applicant establishes that there are practical difficulties.This criterion is not met. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls;the request to permit construction of the home on the substandard lot is reasonable. However,the type and level of variances requested for development are out of scale for the property and are not reasonable. b. There are circumstances unique to the property not created by the landowner;The substandard size is an existing condition and there is no available land with which to make the property conforming.There should be consideration for variance approvals from the lot width and area requirements.The house size resulting in the requested setback,structural coverage,and hardcover variances are created by the property owner; and c. The variance will not alter the essential character of the locality.The variances are requested in order to permit construction of a home,which is reasonable. However the size and scale of the proposed development on this property would be out of character with 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 a residential home is an allowed use 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 creates difficulties which also apply to many of the properties in the same neighborhood.The proposed structural and hardcover levels should be scaled for the size of the property and as proposed are out of 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 creates difficulties which also apply to many of the properties in the same neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area and lot width variances are necessary for the preservation of the property right of the applicant.The structural coverage, hardcover,and setback variances which result in a construction of a home which exceeds the building coverage limitations is not a property right of the owners. 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 the variances for lot width and lot area in this unique situation is not contrary to the intent of the zoning chapter. However,the requested structural coverage, hardcover, and setback variances as proposed are • contrary to the zoning chapter.