Laserfiche WebLink
FILE # LA24-000066 <br />18 February 2025 <br />Page 6 of 8 <br /> <br /> <br />The applicants’ proposal is reasonable, as owning pigeons is not found to be an intensive or <br />impactful land use. There is not an effective land use mechanism to allow for pigeons to be <br />kept on a property without considering them as farm animals. Since the subject property does <br />not conform with the minimum requirements of the CUP for farm animals, the applicants do <br />not have an avenue to keep pigeons on the property without relief through the variance <br />process. This criterion is not met. <br /> <br />b. There are circumstances unique to the property not created by the landowner: <br />The property is not large enough to qualify for the keeping of farm animals. The property is <br />located in a wooded area and they have proposed a coop location to best utilize the trees on <br />their property for buffering and screening, but it is too close to the property lines to conform <br />to the conditional use standards. This criterion is met. <br /> <br />c. The variance will not alter the essential character of the locality: <br />The variance to allow farm animals on a property of less than two (2) acres may alter the <br />character of the area, as farm animals are intended to be kept on larger two-plus (2+) acre <br />properties that create adequate physical separation from each other. This criterion is not met. <br /> <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as <br />follows: <br />4. Economic considerations alone do not constitute practical difficulties: <br />Economic considerations are not found to be a factor in the variance approval determination. <br /> <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78: <br />This condition is not applicable. <br /> <br />6. The board or the council may not permit as a variance any use that is not permitted under Orono <br />City Code Chapter 78 for property in the zone where the affected person's land is located: <br />This condition is not applicable, as keeping farm animals is permitted as a conditional use in LR-1A <br />zoning. <br /> <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />two-family dwelling: <br />This condition is not applicable. <br /> <br />8. The special conditions applying to the structure or land in question are peculiar to such property <br />or immediately adjoining property: <br />The subject property is zoned LR-1A with a two (2) acre minimum lot size and is roughly 0.77 acres in <br />size. A nonconforming lot size is not a practical difficulty to allow for relief from the conditional use <br />standards intentioned to create adequate separation between farm animals and other properties and <br />residences. This criterion is not met for this request. <br /> <br />The area has significant tree coverage. The proposed coop location that does not meet setbacks, is <br />sited to take advantage of natural vegetation to reduce potential impacts. Staff finds the variance <br />request for the setbacks of the pigeon coop to be reasonable, where a conforming coop location would <br />205