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FILE # LA22-0000065 <br />17 Jan 2023 <br />Page 3 of 5 <br /> <br />demonstrating locations for the two required parking spaces designated to the ADU as Exhibit F. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed <br />variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light <br />and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The <br />Planning Commission shall consider recommending approval for variances from the literal provisions of the <br />Zoning Code in instances where their strict enforcement would cause practical difficulties because of <br />circumstances unique to the individual property under consideration, and shall recommend approval only when it <br />is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br />Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br />not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth- <br />sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The <br />board or the council may not permit as a variance any use that is not permitted under this chapter for property <br />in the zone where the affected person's land is located. The board or council may permit as a variance the <br />temporary use of a one-family dwelling as a two-family dwelling. <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The ADU regulations <br />were recently adopted. The utility connections and the minimum one acre lot size were decided upon <br />with the new regulations; the variances for the ADU are not in harmony with the Ordinance. <br />2. The variance is consistent with the comprehensive plan. A. The lot area and utility connection variances <br />to support the ADU are inconsistent with the comprehensive plan. <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not permitted by the <br />official controls; <br />i. The requested variances to the lot area minimum and number of utility connections to <br />support the ADU are inconsistent with the comprehensive plan. <br />b. There are circumstances unique to the property not created by the landowner; The unique <br />shape, size, and orientation of the subject properties present challenges. The variances to <br />permit an ADU on a property not meeting the minimum standard is inconsistent with the <br />neighborhood and not supported by practical difficulties. The lot area aside, the existing utility <br />connections were not created by the owners, do not impact adjacent properties and may be <br />reasonable to allow the individual connections; and <br />c. The variance will not alter the essential character of the locality. The hardcover variances do <br />not represent an increase of hardcover over existing conditions, so there is little impact to the <br />character of the area. The variance to permit an ADU on a property less than the minimum 1.0 <br />acre standard is inconsistent with the neighborhood and not supported by practical <br />difficulties. The characterization of an additional dwelling unit on the small lot may impact <br />the character of the neighborhood. <br />Additionally City Code 78-123 provides additional parameters within which a variance may be granted as <br />follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic considerations have <br />not been a factor in the variance approval determination. <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar <br />energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br />216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. <br />6. The board or the council may not permit as a variance any use that is not permitted under Orono City <br />Code Chapter 78 for property in the zone where the affected person's land is located. Relating to the