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FILE#16-3864 <br /> 13 Sept 2016 <br /> Page 3 of 7 <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, <br /> subd. 2, when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located. The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance.The <br /> proposed variance will be in harmony with the intent of the Zoning Code as the <br /> proposed structure will be screened from view by the topography and vegetation that <br /> exists between the proposed structure and Willow Drive. <br /> 2. The variance is consistent with the comprehensive plan.The variance would allow for <br /> the guest house to be located in the most screened portion of the property. <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The construction of a guest house, <br /> essentially a secondary and subordinate residence,in the proposed location is <br /> consistent with principal structure setbacks and is reasonable on this rural 4 <br /> acre residential property. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The property is undeveloped and can be built to conform. However, existing <br /> topography and property line tree stands a conforming development would <br /> impact the existing topography and vegetation in a negative way.The <br /> characteristics of the property result in a unique circumstance allowing for the <br /> 1,450 square foot guest house to be almost completely screened from views <br /> off the property; and <br /> c. The variance will not alter the essential character of the locality. The guest <br /> house will not be visually obtrusive when viewed from off of the property. <br /> The guest house will appear as a typical residential structure when viewed off <br /> site. This condition is met. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The property exceeds the minimum 4.0 <br /> acre requirement to permit a guest house and contains a perimeter of coniferous <br /> trees for screening from Willow Drive. The guest house will be situated behind the <br /> knoll on the property;the roof will be visible looking into the property approaching <br /> northbound on Willow Drive. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The property has just over 4.0 acres,enough acreage to <br /> accommodate a guest house, however does not have adequate width to subdivide <br /> into two buildable lots. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The applicant has stated that this is so. <br />