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LA22-000037 <br /> August 15,2022 <br /> • Page 3 of 5 <br /> Code. Economic considerations alone do not constitute practical difficulties. Practical difficulties <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br /> subd. 14,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located. The board or council may permit as a variance the temporary <br /> 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. A <br /> monument sign is an accessory structure and is in harmony with the intent of the <br /> ordinance.The proposed location for the proposed sign with a 0 foot setback in not in <br /> harmony with the ordinance. <br /> 2. The variance is consistent with the comprehensive plan. The proposed variance to <br /> facilitate placement of a monument sign on the commercially zoned property is <br /> 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 <br /> permitted by the official controls; The request to permit construction of the <br /> monument sign for an existing business with a nonconforming street yard <br /> appears to be reasonable as the property has a reduced rear yard due to existing <br /> conditions and its orientation with respect to the lakeshore creates difficulties. <br /> The requested 0 foot setback for a larger monument sign then existing is <br /> • unreasonable. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The existing improvements on the lot with the current building and substandard <br /> street yard is unique to the property and not created by the landowner;and <br /> c. The variance will not alter the essential character of the locality. The variance is <br /> requested in order to permit construction of a monument sign will not alter the <br /> character of the area within a commercial district.The proposed placement of <br /> the sign abutting the road right-of-way is out of character and may pose a safety <br /> hazard for vehicular traffic. <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 sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code <br /> 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 under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located. This condition is not applicable, as monument sign is an allowed accessory <br /> structure in the B-2 District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> 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. Staff finds that the location of the existing <br />