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FILE #LA21-000033 <br />17 May 2021 <br />Page 3 of 4 <br /> <br /> <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 />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.