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LA18-000061 <br /> July 16,2018 <br /> Page 3 of 4 <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 /> applicant is proposing to construct a new single family home on a residential lot which <br /> is consistent with the intent of the ordinance.The lot width and lot area variances are <br /> consistent with the general intent of the Ordinance.The variances for a front and rear <br /> yard setbacks request are reasonable considering buildable area of the property. <br /> 2. The variance is consistent with the comprehensive plan. The variances resulting in a <br /> permit for a new single family residence in a residential zone are consistent with the <br /> 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 applicant is proposing use of the property <br /> in a reasonable manner with the construction of a single family home. There is <br /> limited space to construct a conforming structure on the site. <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 and <br /> c. The variance will not alter the essential character of the locality. The character <br /> of the neighborhood is not likely to be significantly altered from replacement of <br /> the residence <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 single family home is an allowed <br /> use in the LR-1A 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 size of the lot with in the LR-1A zoning <br /> district is unique for the requested lot width, lot area and setback variances. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The size of the lot and its locations as it pertains to the existing zoning <br /> district is peculiar to the property <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The Commission should discuss whether the <br /> front and rear yard setback is necessary to support property rights. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting of <br /> the requested variances would not impair health, safety, comfort or morals and would <br /> be in keeping with the intent of the zoning code <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The application has stated the shallow <br />