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FILE#LA20-000058 <br /> 21 Sept 2020 <br /> Page 3 of 4 <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls; The variance request to allow expansion of <br /> the driveway hardcover may be reasonable and may be supported by the <br /> practical difficulties found in the restricted maneuverability which results from <br /> the narrow width and orientation on the property in addition to the steep <br /> access to the elevated, highly trafficked roadway is not unreasonable. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The shared driveway access and topography of the lot were not created by the <br /> owners. However the recent redevelopment of the property provided a <br /> missed opportunity to improve the driveway situation; and <br /> c. The variance will not alter the essential character of the locality.The minimal <br /> hardcover variance requested to provide better maneuverability on the <br /> driveway will not alter the essential character. <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 a driveway for a residence is an <br /> allowed use in the LR-1C 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 sloped topography, lot width and <br /> depth, and shared driveway situation are particular 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 street adjacent to this lot is substantially higher than the <br /> house. The slope conditions and orientation of the access to the busy roadway do not <br /> generally apply to the other properties in the LR-1C district. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The owners indicate that granting the <br /> hardcover variance is necessary for the preservation of their property right. <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 a <br /> hardcover variance to allow for a safer driveway in this situation is not contrary to the <br /> intent of the zoning chapter. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty.All of the practical difficulties have <br /> not been met to justify supporting the hardcover variance. It appears the driveway <br /> configuration should have been addressed with the Owners' recent redevelopment of <br /> the property. The granting of the variance would alleviate created safety concerns for <br /> the owners, rather than convenience.This criterion is not met. <br />