Laserfiche WebLink
LA22-000045 <br /> September 19,2022 <br /> • Page 3 of 5 <br /> demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning <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. The <br /> proposed variances are in harmony with the purpose of the Ordinance. The small lot <br /> includes difficulties in its small size and width,and challenged by Elmwood Road which <br /> runs through the property. <br /> 2. The variance is consistent with the comprehensive plan. The proposed variances to use <br /> the property for a single family dwelling with an attached garage and a deck are <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 proposed project for a garage and deck <br /> addition on a substandard lot within the street and side yard setback appears <br /> to be reasonable due to the existing conditions of the home and the limited <br /> building envelope of the parcel. <br /> • b. There are circumstances unique to the property not created by the landowner; <br /> The substandard lot area,width,location of the roadway bisecting the property <br /> within the LR-1B zoning district prevent a residential footprint consistent with <br /> the district.The applicant has designed the proposed addition to use the limited <br /> building envelope available on the property. and <br /> c. The variance will not alter the essential character of the locality. The variance <br /> are requested in order to permit an addition to the existing home designed to <br /> fit the character of the neighborhood. The proposed project will improve the <br /> character of the area by removing an existing improvement from the roadway. <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 single family home with a garage is an <br /> allowed use in the LR-1B 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. The property's substandard size and <br />