09-21-2015 Planning Commission Packet

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' #15-3778 17 Sept 2015 Page 3 of 4 where their strict enforcement would cause practical 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. The applicant proposes to construct a new detached garage resulting in no net increase of hardcover over existing levels. The construction of a garage in a residentially zoned property is consistent with the Ordinance. 2. The variance is consistent with the comprehensive plan. The Comp Plan has directives which are put in place to protect the lake,limit massing and hardcover. While the mass on the property may increase, the proposed plan results in neither an increase in structural coverage (over the permitted 15% level) nor hardcover. 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 proposed garage will be located in a compliant location. In staff's opinion,this criterion is met; b. There are circumstances unique to the property not created by the landowner; The property is long and relatively narrow. There is approximately 4000 square feet of driveway needed to access the home and allow for on site parking. In staff's opinion,this criterion is met; and c. The variance will not alter the essential character of the locality. The proposed garage does not appear to result in a negative impact on the character of the neighborhood. In staff's opinion,this criterion is met. 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 home and attached garage are approximately 200 feet from Casco Point Road, resulting in a significant amount of hardcover to serve the property. Other lots in the area have similar configuration;the proposed level of hardcover is not out of conformance with the general neighborhood. 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 unique in that the home is located nearly 200 feet from the road resulting a lengthy driveway. 6. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.The applicant indicates that this is true. 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. In staff's opinion,this criterion is met. 8. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. There does not appear to be