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FILE#16-3851 • <br /> 13 Sept 2016 � <br /> Page 2 of 3 <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <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 /> garage is residential in nature.The proposed half bath within the second story <br /> addition of the nonconforming OAS will not adversely impact adjacent properties and <br /> will not be apparent from the exterior.The variances are in harmony with the <br /> Ordinance. <br /> 2. The variance is consistent with the comprehensive plan.The variances resulting in a <br /> permit for plumbing improvements within a residential garage in a residential zone is <br /> consistent with the Comprehensive Plan. <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 request to permit installation of <br /> plumbing within the detached garage appears to be reasonable as the <br /> adjacent properties do not appear to be adversely impacted. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The size of the garage,and the size and orientation property were not the <br /> result of actions by the landowner. Plumbing is permitted within residential <br /> garages; and <br /> c. The variance will not alter the essential character of the locality. <br /> The proposed plumbing within the garage will not alter the character of the <br /> neighborhood. <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 applicant's home is a corner lot with <br /> a defined front yard on Shoreline Drive with the functional front facing Carman <br /> Street.The garage,constructed in 1975, is in a nonconforming location on the <br /> property.The proposed plumbing improvements will not increase the nonconformity. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The nonconforming location of the garage and the corner lot <br /> status make this property unique in the neighborhood. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Staff finds this criterion to be met. <br />