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17 April 2023 <br /> Page 4 of 5 <br /> According to MN §462.357 Subd. 6(2)variances shall only be permitted when: FILE#LA23-000019 <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed <br /> variances are in harmony with the purpose of the Ordinance.The substandard lot has difficulties in its <br /> small size and width,the unique access over the easement on the rear,the proximity to the channel, <br /> the 75-foot lake setback,the existing mature trees along the channel,the existing home location,and <br /> the low elevation of the property making development difficult. <br /> 2. The variance is consistent with the comprehensive plan.The variances proposed to rebuild a new <br /> home in the same footprint on this nonconforming lot are 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 permitted by <br /> the official controls; The request to permit construction of a new residence on the existing <br /> foundation on the substandard lot is reasonable. <br /> b. There are circumstances unique to the property not created by the landowner; The <br /> substandard lot size is an existing condition,there is no available land with which to make the <br /> property more conforming.The restricted driveway access,and lot size and location are <br /> challenges not created by the owners.There should be consideration for variances for the <br /> property which is substandard in area and setback requirements.The project has been <br /> designed with an effort toward limiting the additional hardcover without sacrificing <br /> functionality;and <br /> c. The variance will not alter the essential character of the locality. The variances are <br /> requested in order to permit construction of a new home in the same footprint,which is <br /> reasonable. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be granted as <br /> follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br /> 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 for solar <br /> energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. <br /> Stat. § 216C.06,subd. 17,when in harmony with Orono City Code Chapter 78.This condition is not <br /> applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under Orono <br /> City Code Chapter 78 for property in the zone where the affected person's land is located.This <br /> condition is not applicable, as a single-family residence is an allowed use in the LR-1C District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br /> family dwelling.This condition is not applicable. <br /> 8. The special conditions applying to the structure or land in question are peculiar to such property or <br /> immediately adjoining property.The property's substandard size,location,elevation,and unique <br /> configuration creates difficulties which also apply to many of the properties in the same <br /> neighborhood.The proposed setback and hardcover level are not out of character. <br /> 9. The conditions do not apply generally to other land or structures in the district in which the land is <br /> located.The property's substandard area and width,in addition to the unique configuration along the <br /> channel,creates difficulties which apply to very few properties in the City.The neighboring properties <br /> have similar challenges. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br /> property right of the applicant.The proposed size of the home is not exceeding the existing footprint. <br /> Granting of the lot area,setback,and hardcover variances are necessary for the preservation of the <br /> property right of the owners. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br /> or in any other respect be contrary to the intent of this chapter.Granting the variances for lot area, <br /> hardcover, and setback in this situation is not contrary to the intent of the zoning chapter. <br />