07-10-2023 Council Packet - Laserfiche WebLink

Home Browse Search

FILE #LA23-000028 20 June 2023 Page 4 of 5 permitted by the official controls; The applicants are proposing to use the property in a reasonable manner with the construction of a single-family home. There is no conforming space to construct a reasonably sized conforming home on the site. b. There are circumstances unique to the property not created by the landowner; The owners did not create the difficulties on this property; and c. The variance will not alter the essential character of the locality. The proposed development will not adversely impact the character of the neighborhood. 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 residential home is an allowed use in the LR- 1A 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. The proximity to and impact of Stubbs Bay Creek on this property is unique to the property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The challenge of the substandard lot size within the 2-acre zoning district is shared by the immediate neighborhood, however is unique within the LR-1A zoning district. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The legal buildable area of the lot is only 0.6% of the total lot area. Without variances the property is unbuildable. The variances are necessary for the preservation and enjoyment of the Owners. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. Due to the extreme applied setbacks affecting the property, the variances are necessary and are not merely for convenience. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Public Comments To date, no public comments have been received. Issues for Consideration 1. Does the Planning Commission find that that the property owner proposes to use the