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LA21-000022 <br />March 15, 2021 <br />Page 3 of 4 <br /> <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.