08-17-2015 Planning Commission Packet

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15-3733 11 August 2015 Page 3 of 4 properry in the surrounding area. The P/anning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approva/only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. 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. 2, when in harmony with this chapter. The board or the council may not permit as a variance any 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 §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. 2. The variance is consistent with the comprehensive plan. 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 request to construct a driveway to serve the garage addition to the existing home is reasonable. b. There are circumstances unique to the property not created by the landowner;The property does not have usable frontage on Shoreline Drive and gains access to Ferndale Road via a driveway easement over the property to the east. The home is located in a conforming way on the property relating to all setbacks. The large wetland on the north half of the property combined with the existing access via easement results in much of the driveway being located within the 35'wetland setback; and c. The variance will not alter the essential character of the locality. The encroachment proposed is non-structural, is minimal and does not propose to extend closer to the wetland than the existing driveway. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The applicant's property is unique in that the existing home is essentially land locked and depends on access over an existing driveway though the property at 1165 Ferndale Road which is located within the 35-foot wetland setback. 5. The conditions do not apply generally to other land or structures in the district in which the land is located.The orientation of the applicant's property between the lake and the wetland and having no direct access to a public road is relatively unique. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The applicant has stated that the proposed modifications to the home to accommodate their living and storage needs are necessary. 7. 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. Staff believes this criteria to be met. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The variance is necessary in order to allow for expansion driveway on the property to serve a new garage addition.