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FILE #LA23-000052 <br />September 18, 2023 <br />Page 3 of 4 <br />the construction of a new accessory building is supported by practical difficulties. The lot is <br />limited by a conservation easement that does not allow for construction on most of the 29 -acre <br />parcel. The proposed accessory building will be used as a barn that serves the horse pastures <br />and farmland that currently exist of the property. Furthermore, the accessory building is setback <br />far enough from the street that it will have little to no impact on neighboring properties. This <br />criterion is met. <br />2. The variance is consistent with the comprehensive plan. The variance resulting in the <br />construction of a new accessory building in a residential zone is consistent with the <br />Comprehensive Plan. The applicant has identified necessary practical difficulties inherent to the <br />land supporting their requests. This criterion is met. <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 barn is a <br />reasonable use of the property. The property as it exists today is used as farmland and <br />horse pastures. The placement of the barn on the property serves this accessory use. <br />This criterion is met. <br />There are circumstances unique to the property not created by the landowner; The total <br />size of the property as well as the agricultural use and conservation easement are <br />unique to the property were not created by the landowner; and <br />c. The variance will not alter the essential character of the locality. The proposed variance <br />will allow the construction of a new barn streetward of the principal building. The <br />proposed location meets all required setbacks and is sufficiently screened from <br />neighboring properties and the street. The proposed placement of the barn will not alter <br />the character of the locality. This criterion is met. <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 <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 />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 RR -1A District. <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 />8. The special conditions applying to the structure or land in question are peculiar to such property <br />or immediately adjoining property. The size and use of the lot are unique and specific to this <br />property. This criterion is met. <br />