03-15-2021 Planning Commission Packet

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Letter View Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM LA21-000022 1. The property owner proposes to use the property in a reasonable manner not permitted by the Zoning Chapter. Response: The applicant is proposing to use the property in a reasonable manner with the construction of a single family home. There is limited space to construct a conforming building on the site. 2. The plight of the landowner is due to circumstances unique to his property not created by the landowner. Response: The plight oft he landowner is due to circumstances unique to his property not created by the landowner. The plight of the property owner is due to the existing substandard lot area and width, and 3. The variance, if granted, will not alter the essential character of the locality. Response: The character of the neighborhood is not likely to be significantly altered by construction of the residence. 4. Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter. Response: " Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. " Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minnesota Statutes, Section 116106, Subd. 2, when in harmony with this Chapter. Response: Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth- sheltered construction as defined in Minn. Stat. A?EE??A?a? ??A?EE??A?A ?A?A ??A?EE??A?a? ??A?EE??A?a??A?A ?A? EE??A?a??A?A ?A? EE??A?a? ??A?EE??A?At2A?A ?A?EE??A?a? ??A?EE??A?A ??A?EE??A?a??A?P4A?EE ??A?a? ??A?EE??A?A ??A? EE??A?a??A?A ?A?EE??A?a? ??A?EE??A?A ??A?EE??A?a??A?A-IA?fE??A?a? ??A?fE??A?a??A?A ?A?fE??A?a?? A?A;A?EE??A?a? ??A?EE??A?A4??A?EE??A?a??A?AiA?EE??A?a? ??A?EE??A?A4?A?A ??A?EE??A?a? ??A?EE??A? At??A?EE??A?a??A?A ??A?EE??A?a? ??A?EE??A?A ?A?A ??A?EE??A?a? ??A?EE??A?8??A?A4??A?EE??A?8? ??A? EE??A?A4??A?EE??A?a??A?A§ 216C. 06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not applicable. 6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located. Response: This condition is not applicable, as a single family home is an allowed use in the RR- 1A District. 7. The Board or Council may permit as a variance the temporary use of a one-family dwelling as file:///ci.orono.mn.us/...20(15%20Stubbs%20Bay%20Rd%20N)%2OVAR/Practical%20Difficulties%20Documentation%20Form%20(3).htm[3/11/2021 7:13:03 PM]