Laserfiche WebLink
FILE #LA24-000006 <br />April 15, 2024 <br />Page 4 of 5 <br /> <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />substandard lot size and width and the location of the existing structures are not the <br />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. 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 area, lot width, and location of the <br />existing structures 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 unique conditions of the property 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 subject property is very narrow as it is substandard for the <br />district. The property is also currently over on hardcover. Although the proposal reduces overall <br />hardcover, the requirement of 25% is not achieved. And therefore, variances are also required <br />for lot area and lot width. The substandard lot and existing structures on the property are <br />practical difficulties and without relief from the code, a new home on the property could not be <br />built. This criterion is met. <br /> <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter. Granting the requested variances <br />will not adversely impact health, safety, comfort, or morals of the community. The proposed <br />home will meet all required setbacks and the overall hardcover on the site will be reduced by <br />over 1,000 square feet. This criterion is met. <br /> <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 variances allow for the construction of a new <br />12