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FILE #LA22-000052 <br />17 October 2022 <br />Page 4 of 5 <br /> <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />lot size and the location of the garage and home on the property were not created <br />by the owners; and <br />c. The variance will not alter the essential character of the locality. The requested <br />variances will result in the home being out of character with the neighborhood <br />based on the scale and proximity to Shadywood Road. The new encroachments of <br />the home addition and additional massing resulting from the second story will <br />alter the character of the locality. This criterion is not met. <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 Chapter <br />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 a residential home is an allowed use in the LR- <br />1C District. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as <br />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 size, detached garage location, and <br />hardcover level are existing conditions which are not uncommon in the immediate <br />neighborhood. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The location of the detached garage and hardcover level are existing <br />conditions which are not unique to the property. However, the applicant’s proposal to <br />construct a garage addition to the existing conforming house will result in the house <br />becoming nonconforming with respect to rear setback. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Substantial property right is provided by the <br />principal structure. The proposed expansion of the existing conforming home into the <br />rear setback is not a right, however the property has a reasonable building envelope <br />which will support a garage addition in a conforming location to improve the functionality <br />and livability. Expanding the home into a setback area with the proposed hardcover level <br />is not a right. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter. Granting the <br />requested variances is contrary to the intent of the zoning chapter. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty. The currently requested variances are not <br />necessary to increase functionality of the home, and will merely serve as a convenience to <br />the owners. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. Any <br />conditions imposed must be directly related to and must bear a rough proportionality to the impact <br />created by the variance. No variance shall be granted or changed beyond the use permitted in this