02-17-2026 Planning Commission Regular Meeting

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FILE #LA26-000004 17 February 2026 Page 4 of 5 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 conditions are consistent with the existing conditions. The views of the lake enjoyed by the neighbors to the east will not be adversely impacted by the new home. 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 improvements, restricted roadway, lot size, and depth are challenges not created by the owners. As designed, the project includes maintenance of the current conditions; 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 (area and depth), location, proximity to the lake and the busy County roadway, and existing conditions create difficulties that also apply to many of the properties along North Shore Drive in the same neighborhood. 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 general neighborhood are subject to similar challenges. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The proposed hardcover and structural levels are well under the maximums. Granting the variances is necessary for the preservation of the property rights of the owners. 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 convenience to the owners. The Commission may recommend, or the Council may impose conditions in granting variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located. 78