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FILE #LA23-000053 <br />October 16, 2023 <br />Page 3 of 4 <br /> <br /> <br />covered entryways are minimal and will not impact the character of the home or <br />neighborhood. This criterion is met. <br />Additionally City Code 78-123 provides additional parameters within which a variance may be <br />granted as follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic <br />considerations 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 <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter <br />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 residential improvements are allowed uses in <br />the RR-1A District. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as <br />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 home was constructed prior to the <br />current zoning code and is nonconforming as it relates to front and side setbacks. This <br />condition is peculiar to the subject property. This criterion is met. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The existing original home on the subject property is a unique condition. <br />This criterion is 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 proposed covered entryways will allow for <br />the better function and use of the home. The proposal has designed the minimum size <br />necessary to achieve the goal and maintain the character of the home. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter. The variance will <br />not impair health, safety, comfort or morals and will not be contrary to the zoning <br />chapter. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty. The variance requested is necessary as the <br />home is constructed beyond the required front and side yard setbacks. The covered <br />entryways have been designed so that it is minimally impactful and do not further <br />decrease the nonconforming setbacks. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. Any <br />conditions imposed must be directly related to and must bear a rough proportionality to the impact <br />created by the variance. No variance shall be granted or changed beyond the use permitted in this <br />chapter in the district where such land is located. <br /> <br />Public Comments <br />The Planning Commission should inquire if neighboring properties are supportive of the project. Staff <br />has not received any public comments or neighbor acknowledgment forms. <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?