06-20-2023 Planning Commission Packet

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FILE #LA23-000025 20 June 2023 Page 3 of 4 The variance is consistent with the comprehensive plan. The size of the building proposed in the location shown is inconsistent with the comprehensive plan. This criterion is not met. 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's response: "The Accessory structure primary usages to have indoor storage of personal vehicles, snowmobiles, and yard equipment." In the opinion of staff, this criterion has not been met. b. There are circumstances unique to the property not created by the landowner; The applicant's response: "There are a number of unique circumstance to this property that make this request reasonable. 1.) The lot is unique that it boarders one neighbor on all four sides. 2.) The house and location of the garage is done a hill from the street/entrance of the property. You can only see the roof structure on the Main house from the street. 3.) The location proposed minimizes and tree clearing or deforestation of the property. No trees will be impacted with the proposed location. The remaining areas of the lot are heavily wooded." In the opinion of staff this criterion has not been met; and c. The variance will not alter the essential character of the locality. The applicant's response: "Correct, the current lot is mostly wooded area. The location of the structure is in a grassy area that has minimum environmental impact." The applicant's response addresses the character of the subject lot, not the neighborhood/area in general. In the opinion of staff this criterion has not been met. 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 a detached garage is an allowed use in the RR - 1A District / PRD Development. 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. No special conditions have been identified which would allow for a larger oversize accessory building in the proposed location than what is permitted. This criterion has not been met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The conditions of the property do apply to the other properties in the district. This criterion is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owners have substantial use of the property without the variance; the variance is not necessary for the preservation of a property right of the applicant. This criterion has not been met.