10-19-2025 - Agenda Packet Planning Commission - PC Packet

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FILE # LA25-000042 20 October 2025 Page 4 of 5 may permit, as a variance, the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The substandard lot has difficulties in its depth and narrow width, existing improvements, and the lack of on-street parking opportunities on Shadywood Road, making development difficult. 2. The variance is consistent with the comprehensive plan. The variances proposed to rebuild a new home on this nonconforming lot are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit the construction of a new residence on the substandard lot is reasonable. The proposed hardcover level is an existing condition. b. There are circumstances unique to the property not created by the landowner; The substandard lot size is an existing condition, and there is no available land with which to make the property more conforming. The location and size of the existing garage and driveway, restricted roadway, lot size, width, and depth are challenges not created by the owners. The footprint of the home and the hardcover improvements are design choices by the owners. As designed, the project includes maintenance of the current hardcover level. The applicant should redesign to reduce the overall hardcover to bring the property closer to conformance; and c. The variance will not alter the essential character of the locality. The variances are requested to permit the construction of a new home on the substandard residential property, which is reasonable. Additionally, City Code Section 6.12.530 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include, but are not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 6.12. This condition is not applicable. 6. The board or the council may not permit, as a variance, any use that is not permitted under Orono City Code Chapter 6.12 for property in the zone where the affected person's land is located. This condition is not applicable, as a residence is an allowed use in the LR-1C District. 7. The board or council may permit, as a variance, the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size (width and depth), location, and existing conditions create difficulties that also apply to many of the properties in the same neighborhood. The proposed hardcover level may be out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. Other properties in the Shadywood neighborhood are subject to similar difficulties. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed structural level (new home plus the existing detached garage) is 566 square feet under the 20% maximum. Granting the lot area and width variances is necessary for the preservation of the property rights of the owners. The applicants should find hardcover reductions to increase the green space on the property. 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. Granting the requested variances would not be contrary to the intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant but is necessary to alleviate demonstrable difficulty. The variances for lot size are necessary and do not merely serve as a 109