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FILE #LA18-000039 <br />21 May 2018 <br />Page 3 of 5 <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. A <br />single family residence is a permitted use within the LR -1B zoning district. <br />2. The variance is consistent with the comprehensive plan. The residential principal <br />structure and associated amenities are residential uses which are consistent with the <br />comprehensive plan guiding of this and surrounding properties for residential use. <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 property owner is proposing to use the <br />property in a reasonable manner but the size of the lot is below the minimum <br />lot size standards of the Zoning Code. <br />b. There are circumstances unique to the property not created by the landowner; <br />The plight of the property owner is due to the existing substandard lot size, <br />which is a result of the property being platted long before local zoning codes <br />were in effect. The property owner combined two PIDs in an attempt to make <br />subject property more conforming; 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. <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 <br />sunlight for solar energy systems. Variances shall be granted for earth -sheltered <br />construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono <br />City Code Chapter 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 <br />under Orono City Code Chapter 78 for property in the zone where the affected person's <br />land is located. This condition is not applicable, as the use for a single family home is <br />an allowed use in the LR -1B District. <br />7. The board or council may permit as a variance the temporary use of a one -family <br />dwelling 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 lot area, lot width, setback, <br />hardcover and lot coverage standards applying to this property are similar to those of <br />other properties in the neighborhood, and there are many similar sized developed lots <br />in the neighborhood. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The standards applicable to this property apply to all other <br />property in the neighborhood; however, in order to be allowed the 35% hardcover <br />