07-18-2016 Planning Commission Packet

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. FILE#16-3846 July 13,2016 Page 3 of 5 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 (staff-suggested findings are shown in bold type): 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single- family homes are an allowed use within the RR-16 zoning district, and the proposed deck and storage area are common elements of single family homes. 2. The variance is consistent with the comprehensive plan. The proposed construction is for a residential use which is consistent with the comprehensive plan guiding of this and surrounding properties for residential use. 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 property owner is proposing to use the property in a reasonable manner but the specific setback requirements of the Zoning Code relative to hardcover and structure location result in the need for variances in order to construct the deck and storage area. b. There are circumstances unique to the property not created by the landowner. The plight of the property owner is due to the location of the existing house, deck and patio areas which based on available City records were created prior to the 1992 establishment of setback and hardcover standards relative to the tributary creek. The property owner did not create this situation. and c. The variance will not alter the essential character of the locality. Reconfiguration of the deck and storage area as proposed is not anticipated to alter the character of the neighborhood, as the proposed additions are in an area of the property that already is covered by structures, and the proposed additions are not anticipated to be visually intrusive. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. 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. This is not applicable to this application. 5. 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. This is not applicable to this application,as the residential use is a permitted use. 6. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This is not applicable to this application. 7. Economic considerations alone do not constitute practical difficulties. Economic considerations are not a factor in this variance request. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The conditions applicable to this property are consistent with all properties that abut protected lakeshore and protected tributaries in Orono. However, the condition of having existing hardcover and structure within the 0-75' Shoreland setback zone is less common, and provides a basis for approval of the variances that would otherwise not exist.