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LA21-000020 <br />March 15, 2021 <br />Page 4 of 5 <br /> <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 lot width, lot area <br />and setback 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 /> <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />Any conditions imposed must be directly related to and must bear a rough proportionality to the <br />impact created by the variance. No variance shall be granted or changed beyond the use <br />permitted in this chapter in the district where such land is located. <br /> <br /> <br />Public Comments <br />The applicant submitted letters of support from the two abutting neighbors. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the <br />property in a reasonable manner which is not permitted by an official control? <br />2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br />essential character of the neighborhood?