Laserfiche WebLink
FILE#17-3887 <br /> 17 Jan 17 <br /> Page 3 of 5 <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 /> applicant propose to construct additions to the existing residence on a residential <br /> property which is consistent with the intent of the ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The variances resulting in a <br /> permit for additions to a single family residence in a residential zone are consistent with <br /> the Comprehensive Plan. The proposed hardcover increase is inconsistent with the <br /> City's goals for protection of the lake. <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 additions to the existing <br /> home within the 10 foot side setback area appears to be reasonable as the <br /> existing detached garage currently occupies this space, therefore the adjacent <br /> properties may not be adversely impacted. The hardcover increases resulting <br /> from the new detached garage, home additions, and the new driveway areas <br /> increase the hardcover above the existing nonconforming level. Practical <br /> difficulties have not been demonstrated as of this writing to justify the variance. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The location of the existing home and detached garage were preexisting <br /> conditions and not created by the property owner,and <br /> c. The variance will not alter the essential character of the locality. The connection <br /> between the existing detached garage and the home resulting in the detached <br /> garage becoming part of the principal structure will likely not have an impact <br /> on the neighbor to the south. However,the existing detached garage is setback <br /> only 1.3 feet from the property line and there is only approximately 11 feet <br /> between this structure and the neighboring home. It is unknown if this existing <br /> situation has an adverse impact on the neighbor or if it will be exacerbated by <br /> the proposed project. <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. Economic <br /> considerations have not been a 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 a residential home and detached garage are <br /> allowed uses in the LR-1C 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 />