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LA18-000077 <br />September 17, 2018 <br />Page 3 of 5 <br /> <br />variance any use that is not permitted under this chapter for property in the zone where the <br />affected person's land is located. The board or council may permit as a variance the temporary <br />use of a one-family dwelling as a two-family dwelling. <br /> <br />According to MN §462.537 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 <br />applicant is proposing to construct a new single family home on a residential lot which <br />is consistent with the intent of the ordinance. The variances 7.5’ interior side and 9.5 <br />street side request is reasonable considering the configuration and buildable area of <br />the property. <br />2. The variance is consistent with the comprehensive plan. The variances resulting in a <br />permit for a new single family residence in a residential zone are consistent with the <br />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 <br />permitted by the official controls; The applicant is proposing use of the property <br />in a reasonable manner with the construction on a single family home. There is <br />limited space to construct a conforming structure on the site. <br />b. There are circumstances unique to the property not created by the landowner; <br />The plight of the property owner is due to the existing substandard lot size and <br />shape, and its uniqueness being a lot abutting 3 streets. <br />c. The variance will not alter the essential character of the locality. The character <br />of the neighborhood is not likely to be significantly altered from replacement of <br />the residence which is consistent in character and size with the surrounding <br />homes. <br />d. Additionally City Code 78-123 provides additional parameters within which a variance <br />may be granted as follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic <br />considerations 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 <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br />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 <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 the use for a single family home is an allowed <br />use in the RR-1B District. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a 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 size of the lot with in the RR-1B zoning <br />district and abuting 3 streets is unique for the requested lot width, lot area and setback <br />variances. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The size of the lot and its locations as it pertains to the existing zoning <br />district is peculiar to the property.