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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 rear yard <br />setback request is reasonable considering buildable area of the property. <br />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 />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 on a single family home. There is <br />limited space to construct a conforming structure on the site. <br />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 />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 />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 />