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FILE # LA22-000070 <br />Feb. 21, 2023 <br />Page 2 of 5 <br /> <br /> <br />Practical Difficulties Analysis <br />Applicant Submittal Information: The applicant has identified the substandard lot size and lot width <br />as practical difficulties. The applicant has also noted that if the deck stairs are moved to the rear <br />(east) of the deck, the sunlight coming into the home will be impacted. The applicant has provided <br />supporting documentation regarding Practical Difficulties attached as Exhibit B, and should be asked <br />for additional testimony regarding the application. <br /> <br />Planning Staff Practical Difficulty Analysis: The property was granted variances in 2021 to construct a <br />new single-family home. The construction error that resulted in the deck stairs being constructed <br />1.7 feet beyond the side yard setback line does not constitute a practical difficult. The deck and <br />deck stairs can be modified to conform to the required setbacks. Staff does not find practical <br />difficulty supporting the after-the-fact side yard setback variance. <br /> <br />LOT ANALYSIS WORKSHEET <br /> <br />Section 78-395 – Setbacks: <br />DISTRICT RR-1A Required 2021 Approved Constructed <br />Front 100’ 35.4’ 35.4’ <br />Rear 100’ Roughly 300’ Roughly 300’ <br />Side (north) 50’ 22’ (House) <br />19’ (Deck Stairs) <br />21.9’ (House) <br />17.3’ (Deck Stairs) <br />Side (south) 50’ 23’ 22.8’ <br /> <br /> <br />Applicable Regulations: <br />Front and Side Yard Setback (78-395) <br />The required interior side yard setback for the RR-1A zoning district is 50 feet. The variance <br />approved in 2021 allowed for a 19-foot side yard setback for the north and a 23-foot side yard <br />setback for the south due to the substandard lot area and width of the existing lot. The deck stairs <br />were constructed beyond the approved setback at 17.3 feet from the northern property line. An <br />after-the-fact variance is now being requested to allow a modified setback of 17.3 feet from the <br />northern property line. <br /> <br />Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the <br />proposed variance upon the health, safety and welfare of the community, existing and anticipated <br />traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of <br />property in the surrounding area. The Planning Commission shall consider recommending approval <br />for variances from the literal provisions of the Zoning Code in instances where their strict <br />enforcement would cause practical difficulties because of circumstances unique to the individual <br />property under consideration, and shall recommend approval only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic <br />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 <br />granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, when in <br />harmony with this chapter. The board or the council may not permit as a variance any use that is <br />not permitted under this chapter for property in the zone where the affected person's land is <br />located. The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling.