09-21-2015 Planning Commission Packet

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� #15-3781 15 Sept 2015 Page 3 of 4 Governin� Re�ulation: Variance (Section 78-123) In reviewing applications for variance, the P/anning Commission shall consider the effect of the proposed variance upon the hea/th, 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 litera/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 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 lot area, lot width variances requested are consistent with the general intent of the Ordinance. 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a single family residence in a residential zone are consistent with the Comp 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 request to permit construction of a 7.5- foot portion of the proposed home lakeward of the average lakeshore setback may be reasonable so long as adjacent properties are not adversely impacted; there are mature trees separating the subject property from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The lot area and lot width of the subject property were not created by the landowner. The proposed home and the proposed encroachment lakeward of the average lakeshore setback are the result of design choices by the applicant; and c. The variance will not alter the essential character of the locality. The lot area and lot width variances for a nearly conforming property will not alter the character of the neighborhood. The requested variance to permit the 7.5 foot portion of the screen porch may impact views of the lake currently enjoyed by the adjacent property owners. 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 substandard lot area and lot width are not uncommon in the surrounding neighborhood.