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FILE #LA24-000012 <br />March 18, 2024 <br />Page 4 of 5 <br /> <br /> <br />a. The property owner proposes to use the property in a reasonable manner not permitted <br />by the official controls; The construction of a new single-family is a reasonable use of the <br />property. The proposal will utilize the existing nonconforming detached garage as part <br />of the design and therefore requires front and side yard setback variances. This criterion <br />is met. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />existing house was not built by the current owners. The lot is substandard in area and <br />width. The applicant is proposing to maintain the same front and side yard setback and <br />meet all other required zoning regulations. The small lot size, substandard width, and <br />existing improvements are 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 variances <br />resulting in the construction of a new home are supported by practical difficulties and <br />will not alter the character of the area. The new home will maintain existing setbacks <br />and update the site with a new modern home design. 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 substandard lot size, substandard lot width, and existing <br />conditions of the property are unique conditions to this 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 subject property is smaller in size than most of the neighboring properties. <br />Additionally, the location of the existing structures on the property are unique to the subject <br />property. 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 detached garage is in a nonconforming location and <br />proposed to remain. The proposal is to connect the existing detached garage to the new home <br />and thus requiring primary building setback variances. Without the approval of the front and <br />side yard setback variances, the applicant would not be able to connect to the existing building. <br />This criterion is met. <br />86