01-17-2017 Planning Commission Packet

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FILE#17-3890 17 Jan 17 Page 2 of 4 Applicable Regulations: Setback Variance (Section 78-1045) The subject property boundary extends into the private road. Entrance monuments are permitted to be closer to the street than other types of accessory structures.The Code requires a minimum of a 10-foot separation from the paved, travelled roadway for the construction of entrance monuments. During the finishing of the landscaping for the new home,the applicant constructed entrance monuments within the required setback from the paved edge of the roadway. Governing Regulation:Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. 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 this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located.The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The applicant's constructed entrance monument improvements within the required 10-foot separation from the road on the property. Entrance monuments are appropriate in residential neighborhoods. The purpose of the setback is to preserve a clear zone off the roadway and to preserve visibility though the roadway and driveway intersections. 2. The variance is consistent with the comprehensive plan. Residential entrance monuments at the required setback are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The improvement is reasonable,given the appropriate location. The placement does introduce unnecessary structures in close proximity to a street, inherently increasing risk to the traveling public. b. There are circumstances unique to the property not created by the landowner; The narrowness of the private road serving a total of 10 residences was not created by the applicant. The entrance monuments were recently constructed and could have been constructed to meet the required setback; and c. The variance will not alter the essential character of the locality. There are entrance monuments similarly situated throughout the City. The City received public comment stating that approval of the variance to permit the substandard setback will adversely impact the character of the neighborhood.