6571 - Granting Variance - Adopted 12-14-15

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��0 �ITY �F �I�C�NO� � � RESOLUTION OF THE CITY COUNCIL � � � � `� �' N O. �� r' � r'�kFs H o�ti 5. 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 Orono City Code Chapter 78." This criteria is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." The use of an accessory building for storage is a permitted use within the RR-1 B zoning district. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." This criteria is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The specific special conditions include: the shape and size of the Property; the existing mature vegetative screening; the existence of wetlands; the septic treatment locations; and the location of the home toward the rear of the Property. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." Other properties in the vicinity of various sizes and configurations have accessory structures streetward of the principal structures. The specific special conditions applying to the Property do not apply to other land in the district. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The variance to allow construction of the OAS in the proposed location is necessary for the preservation and enjoyment of a substantial property right of the Applicants. 11. "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." The OAS in the proposed location does not appear to limit the light, air or open space enjoyed by the adjacent properties. The Applicants' request results in minimal negative impact to adjacent properties. Rather the OAS is located so that it is not visible from adjacent properties. The OAS will allow for the storage of large trailers in an enclosed building on the Property. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The overhead doors of the OAS have been oriented to the east to utilize the existing driveway serving the home, preserving trees.The variance would allow for the preservation of trees and septic system Page4of7