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FILE#LA19-000010 <br /> 18 Mar 2019 <br /> Page 3 of 6 <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br /> requested side yard setback variance is in harmony with the Ordinance as the proposed <br /> garage backs up to the neighbor's detached garage and the applicant proposes a drain <br /> tile to manage storm water between the buildings.The neighbors have stated that they <br /> will not be impacted by the proposed improvements. <br /> 2. The variance is consistent with the comprehensive plan.The variances resulting in a <br /> permit for construction of an accessory building/garage in addition to the existing <br /> single family residence in a residential zone are consistent with the Comprehensive <br /> 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 building <br /> within the side yard setback appears to be reasonable as the owners of the <br /> adjacent properties have stated that they are not adversely impacted; the <br /> homes' orientations and locations separate the building from the adjacent <br /> neighbors. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the location of the existing garage to be replaced,width of the lot,access to the <br /> proposed garage, the orientation and location of the neighboring homes, and <br /> the existing topography are conditions not created by the landowner;and <br /> c. The variance will not alter the essential character of the locality. It does not <br /> appear that the requested setback variance for the detached garage will <br /> adversely impact the adjacent property owners or alter the character of the <br /> locality. <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 sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat. §216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 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 under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located. This condition is not applicable, as the use for a residential garage with office <br /> space is 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 dwelling <br /> 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 location of the existing garage, the <br /> access easement on the northwest side of the property, the orientation and location <br /> of the neighboring homes, width of the property, the topography and access to the <br /> garage are unique conditions affecting the subject property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The location of the existing garage, the orientation and location of <br /> the neighboring homes, the property width, the topography and access to the garage <br /> are unique conditions affecting the subject property. <br />