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FILE#LA22-000007 <br /> 22 Feb 2022 <br /> Page 3 of 4 <br /> 0 <br /> Governing Regulation:Variance(Section 78-123) <br /> In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed <br /> variance upon the health,safety and welfare of the community, existing and anticipated traffic conditions, <br /> light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br /> area. The Planning Commission shall consider recommending approval for variances from the literal provisions <br /> of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of <br /> circumstances unique to the individual property under consideration, and shall recommend approval only when <br /> it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. <br /> Economic considerations alone do not constitute practical difficulties. Practical difficulties also include but are <br /> not limited to inadequate access to direct sunlight for solar energy systems.Variances shall be granted for <br /> earth-sheltered construction as defined in Minn. Stat. §216C.06,subd. 14,when in harmony with this chapter. <br /> The board or the council may not permit as a variance any use that is not permitted under this chapter for <br /> property in the zone where the affected person's land is located.The board or council may permit as a <br /> variance the temporary use of a one-family dwelling as a two-family dwelling. <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.The applicant is <br /> proposing to construct a new single family home on a residential lot which is consistent with the <br /> intent of the ordinance.The front yard setback and side yard setback variances requested are <br /> reasonable considering the upland buildable area of the property and are consistent with the <br /> immediate neighborhood. <br /> 2. The variance is consistent with the comprehensive plan.The variances resulting in a permit for a new <br /> IIII0single family residence in a residential zone are consistent with the Comprehensive Plan. <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 permitted by <br /> the official controls;The applicant is proposing to use the property in a reasonable manner <br /> with the construction of a single family home.The RR-1A setbacks applied to the lot's <br /> relatively narrow width results in limited options to construct a conforming building on the <br /> upper portion of the site.The front setback proposed is generally consistent with the <br /> existing home and neighbors to the south. <br /> b. There are circumstances unique to the property not created by the landowner; The lot's <br /> substandard size and topography is not the result of actions by the property owner;and <br /> c. The variance will not alter the essential character of the locality. The proposed location of <br /> the new home is consistent with the existing home on the property and the character of the <br /> neighborhood is not likely to be altered by construction of the residence. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be granted as <br /> follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have <br /> not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar <br /> energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br /> 216C.06,subd. 17,when in harmony with Orono City Code Chapter 78.This condition is not <br /> applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under Orono City <br /> Code Chapter 78 for property in the zone where the affected person's land is located.This condition is <br /> not applicable,as a residential home is an allowed use in the RR-1A District. <br /> 4. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br /> family dwelling.This condition is not applicable. <br />