07-28-2025 - Agenda Packet City Council - regular meeting

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W M § 6.12.510 ORONO CODE where there are practical difficulties in the way of carrying out the strict letter of the regulations of this chapter and where the variance does not adversely affect the purpose and intent of this chapter nor the health or welfare of the public. (Code 1984, § 10.08(1); Code 2003, § 78-121; Ord. No. 88(3rd series), § 1, 6-27-2011) Sec. 6.12.520. References to board. Before authorization of any variances by the council, the request shall be referred to the board of appeals and adjustments for study concerning the effect of the proposed variance upon the comprehensive municipal plan and on the character and development of the neighbor- hood; and for its recommendation to the council for the granting of such variance so as to relieve such practical difficulties to the degree considered reasonable without impairing the intent and purpose of this chapter. The board of appeals and adjustments shall recommend such condi- tions related to the variance regarding the loca- tion, character and other features of the proposed building, structure or use as it may deem advis- able. The council by unanimous action may waive reference to the board. (Code 1984, § 10.08(2)(A); Code 2003, § 78-122; Ord. No. 88(3rd series), § 2, 6-27-2011) Sec. 6.12.530. Issuances. (a) In considering applications for variance, the council shall consider the advice and recom- mendation of the board of appeals and adjust- ments and the effect of the proposed variance upon the health, safety and welfare of the com- munity, existing and anticipated traffic condi- tions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. Before granting a vari- ance, the council shall hear requests for vari- ances from the literal provisions of this chapter in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and to grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent of this chapter. The parameters within which a variance may be granted are as follows: CD6:42 (1) The property owner in question proposes to use the property in a reasonable manner; however, the proposed use is not permitted by the official controls. (2) The plight of the landowner is due to circumstances unique to his property not created by the landowner. (3) The variance, if granted, will not alter the essential character of the locality. (4) Economic considerations alone do not constitute practical difficulties. (5) Practical difficulties also include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Vari- ances shall be granted for earth -sheltered construction as defined in Minn. Stats. § 216C.06, subd. 2, when in harmony with this chapter. (6) The board or the council may not permit as a variance any use that is not permit- ted under this chapter for property in the zone where the affected person's land is located. (7) The board or council may permit as a variance the temporary use of a one - family dwelling as a two-family dwelling. (8) The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoin- ing property. (9) The conditions do not apply generally to other land or structures in the district in which the land is located. (10) The granting of the application is neces- sary for the preservation and enjoyment of a substantial property right of the applicant. (11) The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter.