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FILE #LA23-000066 <br />January 16, 2024 <br />Page 3 of 4 <br /> <br /> <br />The proposed project is modest and does not impact the neighboring views of the lake. The <br />proposed renovation of the existing home is in harmony with the general intent of the <br />Ordinance due to the practical difficulties present. This criterion is met. <br /> <br />2. The variance is consistent with the comprehensive plan. The renovation of an existing single- <br />family home is consistent with the Comprehensive Plan. The applicant has identified the <br />necessary practical difficulties inherent to the land supporting their requests. The proposal will <br />meet all of zoning requirements. This criterion is 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; The renovation of an existing single-family home is a reasonable <br />use of the property. The proposed changes are minimal. This criterion is met. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />existing home location is not the result of the current property owner’s actions; and <br /> <br />c. The variance will not alter the essential character of the locality. The proposed variance <br />resulting in the renovation and addition to an existing home is supported by practical <br />difficulties and will not alter the character of the area. 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 a permitted 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 location of the existing home on the lot and the relation <br />of the lot to the neighboring homes is unique and specific property. This criterion is met. <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The unique and existing conditions do not apply to other land or structures in the <br />neighborhood or district. This criterion is met. <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The existing home is in a nonconforming location. The proposal <br />126