Laserfiche WebLink
FILE#17-3890 <br /> 17 Jan 17 <br /> Page 3 of 4 <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. The relocation of <br /> the structures adds cost to the homeowner. Economic considerations may not be a <br /> factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat. §216C.06,subd.2,when in harmony with Orono City Code Chapter <br /> 78.This condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located. This condition is not applicable, as residential entrance monuments are an <br /> allowed use in the RR-1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.This criteria has not been satisfied. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. Information supporting the uniqueness of the subject property has <br /> not been submitted. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The applicant has indicated that it is <br /> necessary. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. The City <br /> engineer has indicated that from a safety standpoint it is ideal to have a minimum of a <br /> 5-foot clear zone from edge of pavement(this site has 3.5 feet),but acknowledges there <br /> are other similar obstructions and that the low speed and traffic volume of the private <br /> road may not be impacted by the entrance monuments (See Exhibit F). <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. It is feasible for the entrance <br /> monuments to be located to conform to the 10 foot setback. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Septic System Status <br /> The newly installed septic system is located on the opposite side of the home and are not <br /> impacted by the entrance monuments and vice versa. <br /> Practical Difficulties Statement <br /> Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B,and <br /> should be asked for additional testimony regarding the application. <br />