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FILE#LA20-000062 <br /> 21 Sept 2020 <br /> Page 3 of 4 <br /> for variances from the literal provisions of the Zoning Code in instances where their strict <br /> enforcement would cause practical difficulties because of circumstances unique to the individual <br /> property under consideration, and shall recommend approval only when it is demonstrated that <br /> such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic <br /> considerations alone do not constitute practical difficulties. Practical difficulties also include but <br /> are not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be <br /> granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in <br /> harmony with this chapter. The board or the council may not permit as a variance any use that is <br /> not permitted under this chapter for property in the zone where the affected person's land is <br /> located.The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling. <br /> According to MN §462.357 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 /> variances requested to redevelop this nonconforming property, resulting in a plan which <br /> meets all of the zoning requirements, are in harmony with the ordinance. <br /> 2. The variance is consistent with the comprehensive plan.The variances proposed to develop <br /> this nonconforming lot of record 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 request to permit construction of the home <br /> in a conforming location on the substandard lot is reasonable. <br /> b. There are circumstances unique to the property not created by the landowner; The <br /> substandard size is an existing condition.There is no available land with which to <br /> make the property more conforming, and <br /> c. The variance will not alter the essential character of the locality. The variances <br /> are requested in order to permit construction of a home in a conforming <br /> location which will not alter the character of the neighborhood, which is <br /> reasonable. <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 a residence is an allowed use in the RR-1B <br /> 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. Although the subject property is likely the <br /> smallest,there are other properties within the immediate neighborhood which do not <br /> conform to the 2.0 acre minimum standard.The proposed level of development is not <br /> out of character. <br />