07-17-2023 Planning Commission Packet

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FILE #LA23-000032 July 17, 2023 Page 3 of 5 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. The variances for the construction of a new single-family home on a substandard parcel are supported by practical difficulties. The proposed home is in a similar location as the existing home on the property and improves certain nonconformities. The existing topography of the site and site elements such as an existing storm drain limit the placement of the home. The proposed home meets all required setbacks except for the rear yard setback of 50 feet. The requested variance is for a 45 -foot rear yard setback where the current house has a setback of 41 feet from the rear property line. The construction of a new home is in harmony with the general intent of the Ordinance due to the practical difficulties of the substandard lot size, topography, and location of the existing site elements. This criterion is met. The variance is consistent with the comprehensive plan. The variances resulting in a new single- family home constructed in a residential district is consistent the Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the land supporting their requests. This criterion is met. 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 construction of a new single-family home is a reasonable use of the property. The proposed home requires a minimal rear yard setback variance in order to fit the constraints of the substandard lot. This criterion is met. There are circumstances unique to the property not created by the landowner; The topography and the location of an existing storm drain limits the placement of the new home and are not the result of the current property owner's actions. This criterion is met. c. The variance will not alter the essential character of the locality. The proposed variances resulting in the construction of a single-family home will not alter the character of the area. The proposed home will be in a similar location to that of the existing home and will meet all other zoning requirements other than the rear yard setback. This criterion is 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. 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.