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FILE#LA21-000033 <br /> 17 May 2021 <br /> Page 3 of 4 <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. Single <br /> family residences are a permitted use within the LR-1C zoning district.This criterion is <br /> met. <br /> 2. The variance is consistent with the comprehensive plan.The residential home and <br /> associated residential amenities are residential uses which are consistent with the <br /> comprehensive plan guiding of this and surrounding properties for residential use. <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 property owner is proposing to use the <br /> property in a reasonable manner but the size of the lot is below the minimum <br /> lot size standards of the Zoning Code. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The property is substandard for the LR-1C zoning district. Due to the existing <br /> substandard lot size,which is a result of the property being platted as part of <br /> the'Crystal Bay View'subdivision in 1891, before local zoning codes were in <br /> effect;and <br /> c. The variance will not alter the essential character of the locality.The immediate <br /> neighborhood consists of similarly sized lots.The single family residence with <br /> associated amenities on a single lot in this neighborhood is not inconsistent <br /> with the character of the surrounding neighborhood. Lots surrounding <br /> applicants' property are all similarly within Hardcover Tier 2. <br /> 411 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 <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 a single family residence is an <br /> allowed use in the LR-1C 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 lot area, lot width,setback, hardcover <br /> and lot coverage standards applying to this property are similar to those of other <br /> properties in the neighborhood,and there are many similar sized developed lots in the <br /> neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The standards applicable to this property apply to all other <br /> property in the neighborhood; however,in order to be allowed the 30%hardcover <br /> that other developed similar-sized lots are afforded, a variance to lot area and width is <br /> required. <br />