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FILE # LA24-000053 <br />21 October 2024 <br />Page 4 of 5 <br /> <br /> <br />the temporary use of a one-family dwelling as a two-family dwelling. <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances <br />are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its small size and <br />depth, the location of the sewer line and easement in the street yard, the existing mature trees, and the <br />existing home location making redevelopment difficult. <br />2. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home <br />in a similar location on this nonconforming lot are consistent with the 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 permitted by the <br />official controls; The request to permit construction of a new residence on the existing <br />foundation on the substandard lot with a reduction in nonconforming hardcover is reasonable. <br />b. There are circumstances unique to the property not created by the landowner; The <br />substandard lot size is an existing condition and there is no available land with which to make the <br />property more conforming. The restricted rear yard, and substandard lot size and shape are <br />challenges not created by the owners. There should be consideration for variances for the <br />property which is substandard in area and setback requirements. The project has been designed <br />with an effort toward limiting new encroachments and hardcover without sacrificing <br />functionality; and <br />c. The variance will not alter the essential character of the locality. The variances are requested in <br />order to permit the construction of a new home utilizing the existing footprint, which is <br />reasonable. <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 have <br />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 solar <br />energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br />216C.06, subd. 17, when in harmony with Orono City Code Chapter 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 Orono City <br />Code Chapter 78 for property in the zone where the affected person's land is located. This condition is <br />not applicable, as a single-family residence is an allowed use in the LR-1B District. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br />family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property. The property’s substandard size and shape (shallow depth), and sanitary <br />sewer encroachment create difficulties that do not apply to many of the properties in the same <br />neighborhood. The proposed setback and hardcover level are not out of character. <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The property’s substandard size and width and sanitary sewer encroachment create difficulties <br />that apply to very few properties in the City. Few of the neighboring properties have similar challenges. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The proposed footprint of the home does not encroach closer to the lake <br />setback than the existing home. Granting of the lot area and width, setback, and hardcover variances are <br />necessary for the preservation of the property rights of the owners. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in <br />any other respect be contrary to the intent of this chapter. Granting the variances for lot area, <br />hardcover, and setback in this situation is not contrary to the intent of the zoning chapter. <br />61