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LA21-000020 <br /> March 15,2021 <br /> Page 3 of 5 <br /> not meeting the lot area and width requirements if the planning director finds that the following <br /> conditions are met: <br /> a) The lot area and lot width each meet at least 50 percent of the district standard. Not <br /> Met <br /> b) Suitable primary and alternate septic sites are identified on the property and are <br /> protected from future development by execution of a covenant. Not Met <br /> c) All other zoning ordinance requirements must be met, including but not limited to <br /> the following: <br /> 1. Setbacks. Not Met <br /> 2. Hardcover. N/A <br /> 3. Lot coverage by structures. Met <br /> 4. Accessory structure requirements. N/A <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the <br /> proposed variance upon the health, safety and welfare of the community, existing and <br /> anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect <br /> on values of property in the surrounding area. The Planning Commission shall consider <br /> recommending approval for variances from the literal provisions of the Zoning Code in instances <br /> where their strict enforcement would cause practical difficulties because of circumstances unique <br /> to the individual property under consideration, and shall recommend approval only when it is <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, <br /> subd. 2, when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling 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 /> applicant is proposing to construct a new single family home on a residential lot which <br /> is consistent with the intent of the ordinance.The lot width and lot area variances are <br /> consistent with the general intent of the Ordinance. The side yard and front yard <br /> setback variance request is reasonable considering buildable area of the property. <br /> 2. The variance is consistent with the comprehensive plan. The variances resulting in a <br /> permit for a new single family residence in a residential zone are consistent with the <br /> 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 applicant is proposing to use the property <br /> in a reasonable manner with the construction of a single family home. There is <br /> limited space to construct a conforming building on the site. <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 substandard lot area and <br /> width,and <br />