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FILE#LA22-000043 <br /> 19 Sept 2022 <br /> Page 3 of 4 <br /> • 2. The variance is consistent with the comprehensive plan.The scale and type of variance <br /> proposed to construct an attached garage within the front setback does not impact <br /> adjacent properties,will be screened by vegetation,and is consistent with the <br /> 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 a garage addition <br /> within the required front setback appears to be reasonable as the property's <br /> reduced buildable area and orientation with respect to the wetland creates <br /> difficulties. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The home's location and orientation with respect to the wetland and Gander <br /> Road are not the result of the homeowner's actions. Further the septic system <br /> location eliminates the opportunity for a conforming building envelope;and <br /> c. The variance will not alter the essential character of the locality. The home <br /> addition with a 35 foot setback from the Gander Road property line will be an <br /> improved setback from the existing detached garage and will be screened by <br /> existing vegetation.The project will not alter the character of the area. <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 residential building improvements <br /> are allowed in the RR-1B 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 property's substandard buildable <br /> area, wetland impacts,septic system location,and existing conditions create <br /> difficulties which are particular to the property.The proposed setback is not out of <br /> character. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. While many of the adjacent properties are impacted by wetlands, <br /> the property's substandard buildable area,wetland impacts, septic system location, <br /> and existing conditions create difficulties which are particular to the property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Staff finds that granting the requested <br /> variance preserves a substantial property right of the homeowners. <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. Staff finds <br /> this criterion is met. <br />