Laserfiche WebLink
FILE #LA23-000022 <br />June 20, 2023 <br />Page 3 of 4 <br /> <br /> <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 cannot be expanded due <br />to topographical limitations. The applicant has demonstrated practical difficulties in the <br />topography and placement of 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 />placement of the existing home is unique to the property was not created by the <br />landowner; and <br /> <br />c. The variance will not alter the essential character of the locality. The proposed variance <br />will allow the construction of a new detached garage streetward of the principal <br />building. The proposed location meets all required setbacks and is sufficiently screened <br />from neighboring properties and the street. The proposed placement of the detached <br />garage will 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-1A District. <br /> <br />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 />7. The special conditions applying to the structure or land in question are peculiar to such property <br />or immediately adjoining property. The placement of the existing home is unique to this specific <br />property. This criterion is met. <br /> <br />8. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. While the surrounding properties are similar in size, the specific location of the existing <br />structures on the property are unique to the subject property. This criterion is met. <br /> <br />9. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The existing garage cannot be expanded due to topographical <br />limitations. This criterion is met. <br /> <br />10. 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 requested variance <br />will not adversely impact health, safety, comfort, or morals of the community. This criterion is <br />met.