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s <br /> 17 <br /> Marc❑❑M2= <br /> Age 2 of❑ <br /> Applicable Regulations: <br /> Rear Setback(78-350) <br /> There is a 30 foot setback requirements for principle structures to the rear property line. The <br /> applicant is asking for an 18.8 foot setback due to the constraints on the lot. This lot is <br /> surrounded on 3 sides by right of way and has a wetland located within the front yard on the <br /> east side of the lot. <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health,safety and welfare of the community,existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <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 /> applicants propose to construct an addition to the existing residence on a residential <br /> property which is in line with the intent of the ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The variance resulting in a <br /> permit for an addition to 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 an additions to the <br /> existing home within the 30 foot rear street area appears to be reasonable as <br /> the adjacent properties do not appear to be adversely impacted; the home is <br /> confined by streets in 3 sides and a wetland to the east of the home limited the <br /> build envelope on the property. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The existing home, and neighboring homes are separated sufficiently to allow <br /> for light, air, and open space between the homes and the proposed addition, <br /> and <br /> c. The variance will not alter the essential character of the locality. The scale or <br /> setbacks of the proposed addition to the home will not alter the character of <br /> the neighborhood.The setback in question is the rear yard because the frontage <br /> along Tonkawa is the shortest street frontage,although the front of the house <br /> faces Minnetonka Highlands Lane. From a character of the neighborhood,the <br />