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#16-3880 <br /> 16 Nov 2016 <br /> Page 3 of 4 <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <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 /> lot area,lot width variances requested are consistent with the general intent of the <br /> Ordinance. There is adequate space for light,air,and open space between the <br /> proposed home and the street and neighboring homes with setbacks requested.The <br /> variances are in harmony with the Ordinance. <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 portions <br /> of the proposed home within the 50 foot side street and front setback areas <br /> appears to be reasonable as the adjacent properties do not appear to be <br /> adversely impacted; the encroachment on the north (undeveloped Brook <br /> Street) will afford a greater setback from the neighboring home on the south. <br /> There is no neighboring home on the north. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The sub-standard size of the subject property was not the result of actions by <br /> the landowner.The neighboring homes are separated sufficiently to allow for <br /> light,air,and open space between the homes;and <br /> c. The variance will not alter the essential character of the locality. The proposed <br /> home will not alter the character of the neighborhood.The structures on <br /> adjacent lots are set back similarly from Tonka Avenue. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property.The nonconforming lot area and lot width <br /> of the property are not uncommon in the surrounding neighborhood. The applicant <br /> is building more centrally on the property.The existing substandard setback to the <br /> south lot line will be improved(setback increased)with the proposed home. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The proposed home will be generally in line with the neighboring <br /> homes with respect to size and setback. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Staff finds this criterion to be met. <br />