Laserfiche WebLink
FILE#LA21-000032 <br /> 17 May 2021 <br /> Page 4 of 5 <br /> • <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 <br /> sunlight for solar energy systems.Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. § 216C.06,subd. 17,when in harmony with Orono <br /> City Code 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 <br /> under Orono City Code Chapter 78 for property in the zone where the affected person's <br /> land is located.This condition is not applicable,as residential home is an allowed use <br /> in the LR-1A District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family <br /> dwelling 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 Applicant has not identified special <br /> conditions to the land justifying the setback variances other than the easement access <br /> and driveway configuration.This criteria is not met. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The Applicant has not identified conditions specific to the Property <br /> which affect the need for the requested setback variances. This criteria is not met. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Substantial property right is provided by the <br /> redevelopment of the property with a new residence structure,which is permitted to <br /> be constructed.Variances to the rear and front setback requirements to orient the <br /> home in a particular way is not a right.This criteria is not met. III <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 lot width and lot area in this unique situation is not contrary to the intent of <br /> the zoning chapter.The requested setback variances do not align with the intent of <br /> the zoning code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. The Applicant asserts that the <br /> setback variances are necessary.The setback variances provide for a certain home <br /> orientation and footprint location which could be considered conveniences.This <br /> criterion is not met. <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 /> To date, no public comments have been received. <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 . <br /> the essential character of the neighborhood? <br />