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FILE #LA23-000068 <br />16 January 2024 <br />Page 4 of 5 <br /> <br /> <br />existing condition and will not alter the character of the area. This criterion is <br />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 buildings are an allowed use in the <br />LR-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 configuration and orientation of the <br />property are extremely unique. The additional condition of the view easement is also a <br />unique condition of the property. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. 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. Without the variance, the property would be <br />unbuildable. The variance is necessary to preserve the primary property right of the <br />owner. <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. This criterion is <br />met. <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 granting of the requested variance is <br />necessary to alleviate a considerable difficulty impacting the property. <br /> <br />The Commission may recommend or Council may impose conditions in granting 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 applicant provided detailed plans to the neighbors and encouraged them to reach out with any <br />concerns or comments. Copies of the emails sent to the neighbors are attached as Exhibit M. To date, <br />no public comments have been received. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that the property owner proposes to use the <br />property in a reasonable manner which is not permitted by an official control? <br />2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br />essential character of the neighborhood? Is there a need to mitigate the impacts <br />created by the granting of the requested variance(s)? <br />165