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� FILE#16-3873 <br /> 12 Oct2016 <br /> Page 3 of 5 <br /> The applicants have proposed two new decks on the rear of the home; the north deck is <br /> proposed off the kitchen at 6'x 16'with stairs to ground level to be 11.7 feet from the north, <br /> (side) lot line where the house is at 11.8 feet. The south deck is proposed to be 14' x 16'; <br /> because of its proximity to Smith, it requires a front yard setback variance even though it is <br /> located behind the existing home. <br /> Governing Regulation:Variance (Section 78-123) <br /> In reviewing applications for variance, rhe Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anricipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on va/ues of property in the surrounding area. The Planning Commission shall consider <br /> recommending approva/for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practica!difficulties because of circumstances unique <br /> to the individua/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 /> proposed footprint addition, decks, and second story addition are residential in <br /> nature.There is adequate space for light, air and open space between the home and <br /> Smith Avenue;the proposed second story addition will not further encroach into the <br /> front or side setbacks.The variances are in harmony with the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan.The variances for improvements <br /> to a single family residence in a residential zone are consistent with the Comprehensive <br /> Plan as well as the character of the neighborhood. <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 construction of <br /> additions to the home, within the 30 foot side and 50 foot front setback areas <br /> appears to be reasonable as the adjacent properties do not appear to be <br /> adversely impacted; the mature vegetation and topography separate the <br /> Property from both roadways as well as adjacent neighbors. The setback <br /> encroachments will not create an unreasonable perception of additional <br /> massing. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The location, size, and orientation of the home on the property were not the <br /> result of actions by the landowner.The portion of the neighboring home to the <br /> north is a one-story garage is set back sufficiently to allow for light,air,and open <br /> space between the two homes; and <br /> c. The variance will not alter the essential character of the locality. <br />