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LA21-000020 <br />March 15, 2021 <br />Page 3 of 5 <br /> <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 /> <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 /> <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