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LA21-000010 <br /> February 16,2021 <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 use of the property for a porch addition <br /> to an existing single family home are in line with the permitted controls. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The home was build in 1957. The applicant wishes add a 3-season porch. The <br /> applicant stated the existing home location and substandard lot are practical <br /> difficulties for the owner to have enjoyable space. Staff finds the owner has <br /> reasonable use of the lot for a single family home. There are also other <br /> conforming locations that would allow for addition to the home. and <br /> c. The variance will not alter the essential character of the locality. The applicant <br /> states the proposed addition would not alter the character of the neighborhood <br /> and it would not impact the neighbors. There is also substantial vegetation <br /> surrounding the home. <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 single family home is an allowed use in the <br /> R-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.Staff finds that the location of the existing <br /> home is peculiar but a reasonable building envelope is still available for additions to the <br /> home in conforming locations. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The conditions on the lot being substandard are similar to <br /> neighboring properties. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The new porch addition would be located in <br /> the rear yard setback. The applicant states the existing location of the home and the <br /> substandard lot creates practical difficulty for the owner in allowing a useful and <br /> enjoyable space for on the existing homes. Staff finds the use and enjoyment of the <br /> property is currently being met with a single family home. <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.The proposed <br /> variance will not impair health, safety, comfort or in any other respect be contrary to <br /> 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 proposed addition would serve as <br /> a convenience as the use of the property for a single family home is met with open space <br /> within a conforming building envelope of the property. <br />