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09-18-2023 Planning Commission Packet
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09-18-2023 Planning Commission Packet
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9/19/2023 8:48:37 AM
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9/19/2023 8:45 AM
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9/19/2023 8:45 AM
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PC Exhibit B
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9/1/23, 10:57 AM Permit Details I Citizenserve <br />PRACTICAL DIFFICULTIES DOCUMENTATION FORM <br />LA23-000052 <br />1. The property owner proposes to use the property in a reasonable manner not <br />permitted by the Zoning Chapter. <br />Response: The property will be used as a residence and working farm. <br />2. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />Response: Yes there are unique circumstances. The property has been subject to a Conservation <br />Easement since 1994, prior to the current landowner's purchase in 2012. The property is 30 acres, but <br />the Conservation Easement has a building envelope that restricts the new house and barn into a 1.3 <br />acre area in the north westerly corner. The Conservation Easement also restricts the aggregate <br />footprint of all buildings on the property. The barn was designed as a two story "drive out basement" <br />type structure in order to have enough space for horses, hay storage, and equipment to operate and <br />maintain a working farm. The "drive out basement" requires a gentle sloped grade to have access to <br />both floors. There is only one reasonable area in the building envelope that affords for the proper <br />slope and access to the agricultural portion of the property. That location happens to be the easterly <br />area of the building envelope. <br />3. The variance, if granted, will not alter the essential character of the locality. <br />Response: The variance will not alter the essential character of the locality. In fact the working farm <br />next door at 3850 Watertown Rd has its accessory structures streetward of the primary residence. <br />That farm looks great and I would have never imagined that layout would be a non -conforming <br />Orono's ordinance. <br />4. Economic considerations alone do not constitute practical difficulties if reasonable use <br />for the property exists under the terms of the Zoning Chapter. <br />Response: N/A <br />5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth -sheltered construction as <br />defined in Minnesota Statutes, Section 1163.06, Subd. 2, when in harmony with this <br />Chapter. <br />Response: We do plan to add solar panels to the barn. The requested variance location of the barn <br />allows the best direct sunlight for solar power. <br />6. The Board of Appeals and Adjustments or the Council may not permit as a variance any <br />use that is not allowed under this Chapter for property in the zone where the affected <br />person's land is located. <br />Response: N/A <br />7. The Board or Council may permit as a variance the temporary use of a one -family <br />dwelling as a two-family dwelling. <br />https://www4.citizenserve.com/Admin/PerrnitController?Action=DisplayPermitDetaiI&SelectedTab=Permits&Permit_ID=12224380&WorkOrder_ID=876... 1/2 <br />
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