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FILE #LA24-000024 <br />20 May 2024 <br />Page 3 of 4 <br /> <br /> <br />2. The variance is consistent with the comprehensive plan. The requested variance will result <br />in a single-family home in a residential district; therefore, it is consistent with the <br />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 proposed home is reasonable as it will meet <br />all zoning setbacks and structural coverage. This criterion is met. <br />b. There are circumstances unique to the property not created by the landowner; The <br />property is unique as it was acquired and used for a short period of time by <br />MnDOT as right-of-way. When it was no longer required it was reduced in size <br />and sold as a parcel of land that is substandard to the current zoning district. The <br />property owner has no control over the size of the parcel. The owner did not <br />create the lot and is proposing structures in locations that conform to the district <br />standards. This criterion is met; and <br />c. The variance will not alter the essential character of the locality. The proposed <br />scale and location of the home will not alter the character of the adjacent <br />residential neighborhood. This criterion is 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 />RR-1B 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 lot was originally platted as a conforming <br />2 acre parcel in 1983. MnDOT acquired the land as right-of-way to support the highway <br />construction project. Recently MnDOT sold the land but kept the southern portion to be <br />maintain as right-of-way for the Highway 12 corridor. The property size was determined <br />by MnDOT under these unique circumstances. This criterion is met. <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 not <br />be buildable as it is substandard in size to the current zoning district. The variance is <br />necessary to preserve the primary property right of the 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 />121