07-17-2006 Planning Commission Packet

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•� ,- Page 3 of 4 5. "Undue hardship also inciudes, but is not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter.° This criterion is not applicable to this variance application. G. "The Board of Appeals and Adjustments 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 proposed land use and related design standards are consistent with the City's Zoning Code and Land Use Plan. The granting of the variance will allow this development to meet the City's design and density standards. 7. "The Board or Council may permit as a variance, the temporary use of a one- family dwelling as a two-family dwelling." This criterion is not application to this variance application. �. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." Few other properties in the zoning district or in the City of Orono are impacted by the circumstances surrounding the subject property. As discussed in more detail in Questions 1 and 2,the property is surrounded�by State and local government right- of-way on three sides. This existing right-of-way dictates access to the subject property and the proposed location of Outlot A. The location of an existing building in the middle of the properly also restricts the right-of-way of Outlot A. Without the requested variance, reasonable access to, and use of the property will be substantially hindered. Circumstances associated with "immediately adjoining property" may also support the need for the requested 50-foot Outlot A right-of-way variance. Outlot A is planned to eventually extend east of the subject properly. The easterly adjoining property is currently occupied by several existing buildings that constitute an "ongoing business interest or concern". It appears that when Outlot A is extended easterly through the adjoining property, a 70 foot right-of-way may substantially and negatively impact the ongoing operation of this business interest. A 50 foot right-of-way for Outlot A appears to have limited if any impact on the business operation. Therefore, it appears the 50-foot Outlot A right-of-way variance request may be necessary to accommodate "immediately adjoining property." Crystal Bay Business Park � June 19, 2006 Hardship Documentation Form /Variance Request