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FILE # LA24-000008 <br />18 March 2024 <br />Page 3 of 4 <br /> <br /> <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 <br />permitted by the official controls; The request to add more driveway hardcover <br />with 75-foot creek setback is not reasonable as minimal access is provided. This <br />criterion has not been met. <br />b. There are circumstances unique to the property not created by the landowner; The <br />unique lot location and configuration were not created by the landowner however <br />the access limitations of the newly platted property should have been a known <br />condition with the applicant purchased the property; and <br />c. The variance will not alter the essential character of the locality. The requested <br />variance results in a further intensification of the use in the most sensitive area of <br />the property. <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 residential driveway is an allowed use and is <br />permitted within the creek setback with a maximum width of 8 feet. <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 unique setbacks resulting from the <br />wetland, wetland buffers, and creek create difficulties that apply to few properties in the <br />same neighborhood. The creek impacting the access to the property is unique to the <br />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 protected tributary/creek impacting the access to the property is <br />unique to the property. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. The property owner has access to and use of the <br />property through the existing improvements. Expansion or intensification of the allowed <br />improvements is not a substantial property right. <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. Granting the <br />requested variance would be contrary to the intent of the zoning chapter. Reasonable <br />access is provided by the 8-foot wide driveway. <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 appears to serve as a <br />convenience to the applicant. <br /> <br /> <br />8