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LA19-000101 <br /> 01/21/2020 <br /> Page 3 of 4 <br /> 2. The variance is consistent with the comprehensive plan.Allowing for access to a lot and <br /> creation of driveways easements are consistent with the 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 use of the lot for single family home will <br /> not change.This standard is met. <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 nonconforming lot of <br /> record,which is not created by the land owner,and <br /> c. The variance will not alter the essential character of the locality.The character of <br /> the neighborhood is not likely to be significantly altered from allowing the lot <br /> area variance. <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 single family home is an allowed use in the <br /> 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 and substandard. The actual lot size will not change but per the <br /> definition of lot area from the City Code driveway easement must be not count towards <br /> overall lot area. This situation is peculiar to this 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 size of the lot and its locations as it pertains to the existing <br /> neighbor lot and within this zoning 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. Granting this variance will preserve the <br /> property right of the applicant. <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 property is unique in size for this <br /> zoning district. The applicant has stated the granting of the driveway easement is <br /> necessary to alleviate access challenges through the property. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br />