09-21-2015 Planning Commission Packet

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, FILE#15-3775 17 Sept 2015 Page 3 of 4 Applicable Regulations: Setback Variance (Section 78-420) The small lot size and the 50-and 30-foot required setbacks within the RR-B district result in a 15' x 40' buildable envelope. Setback variances are necessary in order to build a reasonably sized home on the property. The new home will be set at a similar setback from the road as existing allowing for an open front yard area. The proposed setback of 31.5 feet from the rear for the garage portion of the home still affords adequate open space between the proposed home and the neighboring home to the east. Governin� Re�ulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider rhe effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practica/difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval 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 for variances to construct a new home is reasonable. b. There are circumstances unique to the property not created by the landowner; The front and rear setbacks on the subject property overlap resulting in no legal buildable area; and c. The variance will not alter the essential character of the locality. The applicant's proposal centers the home on the property and is not out of character with the surrounding neighborhood. 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 front and rear setbacks overlap. 5. The conditions do not apply generally to other land or structures in the district in which the land is located.The applicant's property is shallow with respect to the RR-1B requirements and the required setbacks resulting in no legal buildable area;this is relatively unique for the City however consistent with many of other properties in the neighborhood.