11-20-2017 Planning Commission Packet

Home Browse Search

FILE#17-3980 20 Nov 2017 Page 3 of 4 c. The variance will not alter the essential character of the locality. It is unlikely the location of the shed in the existing location will alter the character of the locality.This criterion is met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 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 applicable, as the use for a 300 square foot detached accessory storage building is an allowed use in the RS 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. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The home is situated on the top of the hill on the Property.The grade drops in all directions away from the home.The shed would likely be more visible from the lake if it were to be constructed to conform based on the topography. 9. The conditions do not apply generally to other land or structures in the district in which the land is located.The conditions relevant to the Property are similar and apply to other adjacent properties.This criterion is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The owners have ample area to construct a conforming shed meeting the 10 foot separation demonstrating reasonable use. This criterion is not met. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.The shed, while not out of character with the neighborhood,could be constructed in a conforming location the proposed variance is proposed to avoid a tenant of the Code intended to protect against the appearance of uncharacteristic bulk and mass.This criterion is not met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty.The purpose for granting the requested variance would be for the convenience to the applicants.This criterion is not met. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. Septic System Status Staff has completed a preliminary review of the project for compatibility with the septic system, and has determined that the project is not likely to impact the existing or future septic sites.