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FILE#17-3966 <br /> October 16,2017 <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 lot <br /> width and lot area variances requested are consistent with the general intent of the <br /> Ordinance.The rear setback variance is in harmony with the purpose of the ordinance. <br /> The lot includes challenges with the steep slope and the curved right of way limited the <br /> building envelope of the property. <br /> 2. The variance is consistent with the comprehensive plan. The variances resulting in a <br /> permit for construction of a single family residence in a residential zone are consistent <br /> with the Comprehensive Plan. <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 the <br /> home on the substandard lot, in the proposed location within the rear yard <br /> setback seems reasonable as the property is steep and could become hazardous <br /> in the winter months if the garage is moved to meet the setback by creating a <br /> longer and steeper driveway. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The sub-standard size of the Property was not the result of actions by the <br /> landowner.The location of the home with attached garage on the Property,the <br /> steepness of the lot,the narrowness and shallow depth of the buildable area of <br /> the property create difficulties for developing the Property and <br /> c. The variance will not alter the essential character of the locality. The lot <br /> area and width variances will not alter the character of the neighborhood. It <br /> does not appear that the setback variances to permit the new home will <br /> adversely impact the adjacent property owners. The neighboring parcel has a <br /> home much closer to the road than it proposed. <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 the use for a single family home is an allowed <br /> use in the LR-1A 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. The small building envelope with the <br />