10-17-2016 Planning Commission Packet

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FILE#16-3874 ` October 13,2016 Page 4 of 7 homeowner including storage of vehicles and equipment, as well as providing for reasonably sized living spaces 5. 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 Orono City Code Chapter 78." This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not appGcable, as the use for a single family residence is an allowed use in the LR-1C District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. City Code 78-123 provides additional parameters within which a variance may be granted as follows: 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The lot is one of the smallest in the neighborhood. The adjacent property to the south is nearly identical in size and shape to the applicants' property, and was granted variances in 2006 for 20% structural coverage. Most of the developed lakeshore lots in the immediate area are larger than applicants' lot and most have lot coverage exceeding the 15% limit. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The standards applicable to this property apply to a❑ other property in the LR-1C District; the lot coverage limits similarly apply to all other lots in the LR-1C district that are less than 2 acres in area. However, the LR-1C district contains many homes on properties which do not meet the LR-1C lot size standards due to originally being platted or developed prior to establishment of zoning codes in Orono. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. In the opinion of staff, granting of the lot area and width variances is necessary to preserve the property rights of the owner to build a new residence on the property. Similarly, in order to construct a residence consistent with the size, quality, and functionality of other lakeshore homes in the neighborhood, some level of hardcover variance and lot coverage variance is necessary. Granting of hardcover and structural coverage variances is not necessary if the ability to construct a residence consistent in size and functionality with the surrounding neighborhood is not a consideration. I 1. The granting of the proposed variances will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. In the opinion of staff, granting of the requested variances would not impair health, safety, comfort or morals and would be in keeping with the intent of the zoning code.