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Planning Commission, Harley A. Marohn Page 2 <br /> October 25, 1994 <br /> • <br /> also requires that all new housing construction include a minimum of one ten <br /> (10) foot wide single-stall garage. <br /> Access to Mr. Marohn's property, which is a municipal sewered parcel located <br /> along Lake Orono, is via a private road. Fifth Street ends as a public street <br /> before Mr. Marohn's property and the remaining portion of the street is an <br /> easement for a private road. <br /> Located on the lot are numerous trees that would be considered significant <br /> and Mr. Marohn desires to keep as many of the trees as possible during the <br /> construction of the garage. Staff would also encourage preserving the <br /> existing trees during the construction of the garage. <br /> The Minnesota Department of Natural Resources (D.N.R.) has been contacted <br /> in regard to this matter and has verbally commented approval of the <br /> variance, but recommended to minimize the impact along the shoreline. The <br /> D.N.R. is recommending that the structure be located at least twenty-five <br /> (25) feet from the O.H.W. mark. <br /> VARIANCE REQUIREMENTS <br /> • According to City Code, in order for a variance to be granted, five (5) items <br /> must be found: <br /> 1) That the literal enforcement of the ordinance would cause undue <br /> (unnecessary, unavoidable, extreme) hardship. <br /> 2) The hardship caused by special conditions and circumstances <br /> which are peculiar to the land and structure involved and which <br /> are not characteristic of or applicable to other lands or <br /> structures in the same district. <br /> 3) Literal application of the provisions of this Ordinance would <br /> deprive the petitioner of rights enjoyed by other properties in <br /> the same district under the terms of this Ordinance. <br /> 4) The special conditions and circumstances are not a consequence <br /> of the petitioner's own action or inaction. <br /> 5) The variance will not be injurious to or adversely affect the <br /> health, safety, or welfare of the residents of the City or the <br /> • neighborhood wherein the property is situated and will be in <br /> keeping with the spirit and intent of the Ordinance. <br /> marohn.troy <br />