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LA23-000001 <br />February 21, 2023 <br />Page 4 of 5 <br /> <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 a single-family residence is an allowed use <br />in the LR-1C 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 does not have any special <br />conditions other than a substandard lot size and existing nonconforming hardcover. <br />Many properties in the same neighborhood have similar conditions so this does not <br />qualify as a unique situation. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. There are no special conditions that are unique to the property. This <br />criterion is not met. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. The existing home on the property has two <br />at-grade patios and a second story rooftop deck/terrace. An additional deck is not <br />necessary for the preservation and enjoyment of the property. <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. Granting the <br />requested variances would be 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 <br />is necessary to alleviate demonstrable difficulty. The hardcover variance is not necessary <br />as the property has current outdoor space that can be used. There are practical <br />opportunities to reduce hardcover and bring the lot into conformance and allow for <br />additional requested outdoor space without a variance. The requested variance seems <br />to be a convenience to the applicant. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />Any conditions imposed must be directly related to and must bear a rough proportionality to the <br />impact created by the variance. No variance shall be granted or changed beyond the use <br />permitted in this chapter in the district where such land is located. <br /> <br />Engineer Comments <br />The City Engineer has not reviewed the proposed plan. A thorough review will be conducted at <br />the time of building permit. The current plan does not propose any grading changes. <br /> <br />Public Comments <br />The applicant has provided the adjacent property owners’ acknowledgment form (Exhibit F). <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that that the property owner proposes to use the <br />property in a reasonable manner which is not permitted by an official control? <br />2. Does the Planning Commission find that the variance, if granted, will not alter the <br />essential character of the neighborhood? <br />3. Does the Commission find it necessa ry to impose conditions in order to mitigate the