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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. <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 /> <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 />Public Comments <br />To date, no public comments have been received. <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 <br />the essential character of the neighborhood?