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FILE # LA24-000066 <br />18 February 2025 <br />Page 5 of 8 <br /> <br /> <br />14. All exterior lighting shall be so directed so as not to cast glare toward or onto the public right-of- <br />way or neighboring residential uses or districts: <br />The proposal does not include any exterior lighting of any kind. <br /> <br />15. Not detrimental to the public health, public safety, or general welfare: <br />Staff finds the proposal may come at a detriment to the public health, safety, or welfare of residents <br />and landowners within Orono. The two (2) acre requirement for a conditional use permit for farm <br />animals is intended to provide adequate separation between an owner’s farm animals and adjacent <br />properties. <br /> <br />A CUP may be granted subject to such conditions as the Council may prescribe. Additionally, a CUP shall <br />remain in effect as long as the conditions imposed by the City Council are observed, but nothing in this <br />section shall prevent the city from enacting or amending official controls to change the status of <br />conditional uses. <br /> <br />Variance Governing Regulation: Variance (Section 78-123) <br />In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed <br />variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, <br />light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding <br />area. The Planning Commission shall consider recommending approval for variances from the literal <br />provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties <br />because of circumstances unique to the individual property under consideration, and shall recommend <br />approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br />Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical <br />difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br />Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, subd. 14, <br />when in harmony with this chapter. The board or the council may not permit as a variance any use that <br />is not permitted under this chapter for property in the zone where the affected person's land is located. <br />The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family <br />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: <br />The variance for farm animals on a property less than two (2) acres is not in harmony with the intent <br />and purpose of the ordinance. However, should the Planning Commission and City Council support the <br />proposal, the proposed location of the coop within the 75-foot setback may be a reasonable <br />encroachment to reduce potential impacts of the animals on the property. This criterion is not met. <br /> <br />2. The variance is consistent with the comprehensive plan: <br />The Comprehensive Plan allows for residential use and there is a single-family residence on the <br />property. The variance from the conditional use standards for keeping farm animals, which is accessory <br />to the residential use, is consistent with the Comprehensive Plan. This criterion is met. <br /> <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 <br />by the official controls: <br />204