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FILE#16-3872 <br /> 12 Oct 16 <br /> Page 3 of 4 <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 practicai 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 from off the property by the topography <br /> and vegetation that exists between the proposed structure, the neighbors, and Brown <br /> Road. <br /> 2. The variance is consistent with the comprehensive plan. The accessory building is <br /> residential in nature; and the variance would allow for the accessory building to be <br /> located in a 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 location of the home is towards the very <br /> rear of the property; an accessory building cannot feasibly be constructed to <br /> meet the front setback. Construction of an accessory building in the proposed <br /> location is consistent with OAS setbacks and is reasonable on this rural 2.5 acre <br /> residential property. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The existing home on the property is approximately 220 feet from the front lot <br /> line and ±50 feet from the rear lot line. Additionally, the location of the septic <br /> sites and wetland on the property further restrict options. There are no <br /> conforming locations to construct the accessory building; and <br /> c. The variance will not alter the essential character of the loca�ity. The accessory <br /> building will not be visually obtrusive when viewed from off of the property. It <br /> will appear as a barn,a typical rural residential structure,when viewed off site. <br /> 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 location of the home on the property <br /> does not leave a conforming space to construct an accessory building.Additionally,the <br /> location of the septic sites and wetland on the property further restrict options.There <br /> are no conforming locations to construct the accessory building on the site. The <br /> building may only be partially visible from the western neighbor. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The location of the home,septic sites,and wetland create a unique <br /> situation on the property. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The property is permitted accessory <br />