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FILE # LA20-000062 <br />21 Sept 2020 <br />Page 3 of 4 <br /> <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 /> <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.