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FILE #LA23-000017 <br />May 15, 2023 <br />Page 4 of 6 <br /> <br /> <br />criterion is met. <br /> <br />2. The variance is consistent with the comprehensive plan. The variances resulting in the <br />construction of a new accessory building in a residential zone are consistent with the <br />Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the <br />land supporting their requests. The proposed project will also reduce the overall hardcover on <br />the site which is consistent with the goals and intent of the Comprehensive Plan. This criterion is <br />met. <br /> <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 <br />by the official controls; Constructing a new accessory building to be used as a detached <br />garage is a reasonable use of the property. The current garage is nonconforming and is <br />served by a steep driveway. The new property owners would like demolish the existing <br />garage and construct a new garage closer to the street while reducing the overall <br />hardcover on the site. The proximity of the garage to the rear property line and the <br />width of the driveway do not meet code requirements. The applicant has demonstrated <br />practical difficulties in the steep topography, substandard lot size and placement of <br />existing improvements on the lot. This criterion is met. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />topographical challenges unique to the property were not created by the landowner; <br />and <br /> <br />c. The variance will not alter the essential character of the locality. The proposed variances <br />will allow the construction of a new detached garage near the street. Many neighboring <br />homes have garages along the street and some neighboring properties have garages <br />with garage doors facing the road. The proposed placement of the detached garage will <br />not alter the character of the locality. This criterion is met. <br /> <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 /> <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br />solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This <br />condition is not applicable. <br /> <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 residential home is an allowed use in the LR-1B District. <br /> <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />two-family dwelling. This condition is not applicable. <br /> <br />8. The special conditions applying to the structure or land in question are peculiar to such property <br />or immediately adjoining property. The substandard size and width of the property along with