09-26-2022 Council Packet - Laserfiche WebLink

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LA22-000037 August 15, 2022 Page 3 of 5 Code. Economic considerations alone do not constitute practical difficulties. 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. 14, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for 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. A monument sign is an accessory structure and is in harmony with the intent of the ordinance. The proposed location for the proposed sign with a 0 foot setback in not in harmony with the ordinance. 2. The variance is consistent with the comprehensive plan. The proposed variance to facilitate placement of a monument sign on the commercially zoned property is 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 construction of the monument sign for an existing business with a nonconforming street yard appears to be reasonable as the property has a reduced rear yard due to existing conditions and its orientation with respect to the lakeshore creates difficulties. The requested 0 foot setback for a larger monument sign then existing is unreasonable. b. There are circumstances unique to the property not created by the landowner; The existing improvements on the lot with the current building and substandard street yard is unique to the property and not created by the landowner; and c. The variance will not alter the essential character of the locality. The variance is requested in order to permit construction of a monument sign will not alter the character of the area within a commercial district. The proposed placement of the sign abutting the road right-of-way is out of character and may pose a safety hazard for vehicular traffic. 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 monument sign is an allowed accessory structure in the B-2 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