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LA21-000022 <br /> March 15,2021 <br /> Page 3 of 4 <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 side yard setback variance request is <br /> 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 /> c. The variance will not alter the essential character of the locality. The character <br /> of the neighborhood is not likely to be significantly altered by construction of <br /> the residence. <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 /> RR-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.The size and width of the lot within the RR- <br /> 1A zoning district is unique, and supports approval of the requested side yard setback <br /> variances. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The size of the lot is unique within the existing 5-acre zoning 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 applicant stated this is true. <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 of <br /> the requested variances would not impair health,safety, comfort or morals and would <br /> be in keeping with 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 applicant has stated the narrow lot <br /> results in setback challenges for construction of a single family home. The property is <br /> unique in size for this zoning district. <br />