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FILE#LA21-000023 <br /> 19 April 2021 <br /> Page 4 of 5 • <br /> defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code <br /> Chapter 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 garage is an allowed use in the LR-1C <br /> 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 property's substandard size, width, and <br /> unique configuration creates difficulties which also apply to many of the properties in the <br /> same neighborhood.The proposed setback and hardcover level are not out of character. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The property's substandard size, width, in addition to the unique <br /> configuration creates difficulties which apply to very few properties in the City. The <br /> neighboring properties have similar challenges. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The local climate supports the need for a <br /> residential garage.The proposed size of the garage is minimal.Granting of the setback and <br /> hardcover variances are necessary for the preservation of the property right of the <br /> applicant. <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 the <br /> variances for hardcover and setback in this situation is not contrary to the intent of the <br /> • <br /> zoning chapter. <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 variances for setback and hardcover <br /> are necessary,and do not merely serve as a convenience to the applicant. <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 /> Public Comments <br /> Public comments have been received and are attached as Exhibit F. <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? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Planning Staff recommends approval of the variances as requested subject to the proposed <br /> hardcover reductions. <br />