Laserfiche WebLink
FILE #LA24-000034 <br />July 15, 2024 <br />Page 4 of 5 <br /> <br /> <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-1C 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 sizes, substandard lot widths, and <br />existing conditions of the properties are unique and specific conditions. 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. While there are surrounding properties that are similar in size, the location of the <br />existing structures on the property and the shape of the lots are unique to the subject <br />properties. 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 configuration of lots does not allow for the <br />expansion of the existing home at 2305 Bayview Place in a conforming manor. It also limits the <br />building envelope for the vacant lot at 2285 Bayview Place. The requested variances allowing <br />the administrative lot line adjustment allows for improved buildability of both lots. This <br />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. This criterion is <br />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 an administrative lot line <br />adjustment to take place for two nonconforming lots. The requested variances and proposed lot <br />configuration will bring the existing home at 2305 Bayside Place closer to conformance and <br />allow 2285 Bayside Place to be developed without the need of more variances. This criterion is <br />met. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. Any <br />conditions imposed must be directly related to and must bear a rough proportionality to the impact <br />created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter <br />in the district where such land is located. <br /> <br /> <br />13