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FILE # LA23-000064 <br />16 January 2024 <br />Page 3 of 4 <br /> <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br />hardcover variance resulting in a reduction of legally nonconforming hardcover is in <br />harmony with the ordinance. <br />2. The variance is consistent with the comprehensive plan. The requested variance results in a <br />reduction of hardcover which is consistent with the goals within the Comprehensive Plan. <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 <br />permitted by the official controls; the request to convert the existing hardcover to <br />a home addition while reducing the hardcover percentage is reasonable and is not <br />permitted administratively. <br />b. There are circumstances unique to the property not created by the landowner; the <br />existing hardcover level, shape and size of the property, and location of the <br />existing improvements were not created by the owner; and <br />c. The variance will not alter the essential character of the locality. The hardcover <br />variance to permit the construction of a home addition and reduce the overall <br />hardcover level will not alter the essential character of the area. <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 a home addition is an allowed use in the LR-1C <br />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 existing hardcover level, shape and size of <br />the property, and location of the existing improvements are unique to this property. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The specific conditions do not apply to many of the neighboring properties. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. The variance is necessary to preserve the <br />owner’s property rights. This criterion is met. <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 requested variance is necessary and is <br />not merely a convenience to the owner. <br /> <br />66