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FILE # LA24-000044 <br />16 Sept 2024 <br />Page 4 of 5 <br /> <br /> <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be granted <br />as 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 />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 />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 improvements are allowed on a <br />residential lot within the RR-1B District. <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 />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The 2-acre district setbacks applied to the small <br />property eliminate all buildable areas. Some of the properties in the immediate <br />neighborhood have the same setback burden. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The challenge of the substandard lot size within the 2-acre zoning district is <br />shared by the immediate neighborhood, however, is relatively unique within the RR-1B <br />zoning district. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. There is no legal buildable area on the property. Without <br />variances the property is unbuildable. The absence of a garage or covered parking area is a <br />difficulty, particularly during the harsh Minnesota winters. The variances are necessary for <br />the preservation and enjoyment of the applicant. <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 of the <br />requested variances would not impair health, safety, comfort or morals and would be in <br />keeping with the intent of the zoning code. <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 are necessary and are not merely <br />for convenience. The property is unbuildable without variances. <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 <br />chapter in the district where such land is located. <br /> <br />Public Comments <br />The Minnetonka Center for the Arts (MCA) abuts the subject property on the south. We received <br />comments from MCA’s Director, Roxanne Heaton, expressing concern about the <br />preservation/protection of their existing amur maples and drainage swale near the applicant’s <br />property. Please read the comments attached as Exhibit H. No additional public comments have been <br />received. <br /> <br />Issues for Consideration <br />1. Does the Planning Commission find that the property owner proposes to use the property in <br />10