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FILE # LA22-000070 <br />Feb. 21, 2023 <br />Page 3 of 5 <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 lot is <br />substandard in size and in width with overlapping side yard setbacks when abiding by the <br />regulations of the RR -1A zoning district. However, variances were already granted based <br />on these practical difficulties. Staff does not believe there are new practical difficulties to <br />allow for a reduced side yard setback. The construction error can be remedied through <br />the modification of the deck and/or deck stairs. The requested variance to further reduce <br />the northern side yard setback is not in harmony with the Ordinance. This criterion is not <br />met. <br />2. The variance is consistent with the comprehensive plan. The variance to further reduce the <br />northern side yard setback is inconsistent with the Comprehensive Plan. The applicant <br />has not identified necessary practical difficulties inherent to the land supporting their <br />requests. This criterion is not met. <br />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; Reasonable use of the Property is established <br />with the newly constructed single-family home. The deck constructed in error can <br />be modified in order to comply with the approved resolution. This criterion is not <br />met. <br />There are circumstances unique to the property not created by the landowner; The <br />new home on the property was built in 2021-2022 by the applicant. The unique <br />circumstances on the property granted variances in 2021 to allow for the <br />construction of the new home. The current homeowner was not involved with <br />the previous variances, however must adhere to the approved setbacks and <br />conditions placed on the property. <br />The variance will not alter the essential character of the locality. The constructed <br />deck does not meet the required setbacks for the property. The requested <br />reduced setback in order to maintain the existing deck is not supported by <br />practical difficulty. The neighboring properties are rural in nature and allowing a <br />further encroachment into a setback is inconsistent character of the area. This <br />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 />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 />