Laserfiche WebLink
FILE # LA26-000008 <br />16 March 2026 <br />Page 3 of 4 <br /> <br /> <br />Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in <br />instances where their strict enforcement would cause practical difficulties because of circumstances unique to the <br />individual property under consideration, and shall recommend approval only when it is demonstrated that such <br />actions will be in keeping with the spirit and intent of the Orono Zoning Code. Economic considerations alone do <br />not constitute practical difficulties. Practical difficulties also include, but are not limited to, inadequate access to <br />direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit, as <br />a variance, any use that is not permitted under this chapter for property in the zone where the affected person's <br />land is located. The board or council may permit, as a variance, the temporary use of a one-family dwelling as a <br />two-family 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. The hardcover <br />variance resulting in a reduction of legally nonconforming hardcover is in harmony with the ordinance. <br />2. The variance is consistent with the comprehensive plan. The requested variance results in a reduction of <br />hardcover, which is consistent with the goals within the 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 permitted by the <br />official controls; the request to convert the existing hardcover to a home addition while <br />reducing the hardcover percentage is reasonable and is not permitted administratively. <br />b. There are circumstances unique to the property not created by the landowner; the existing <br />hardcover level, shape, and size of the property, and location of the existing improvements <br />were not created by the owner; and <br />c. The variance will not alter the essential character of the locality. The variance to permit the <br />construction of a home addition and reduce the overall hardcover level will not alter the <br />essential character of the area. <br /> <br />Additionally, City Code Section 6.12.530 provides additional parameters within which a variance may be granted <br />as follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not <br />been a factor in the variance approval determination. <br />5. Practical difficulties also include, but are not limited to, inadequate access to direct sunlight for solar <br />energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br />216C.06, subd. 17, when in harmony with Orono City Code Chapter 6.12. 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 Orono City <br />Code Chapter 6.12 for property in the zone where the affected person's land is located. This condition is <br />not applicable, as a residential home addition is an allowed use in the LR-1C District. <br />7. The board or council may permit, as a variance, the temporary use of a one-family dwelling as a two- <br />family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property. The existing hardcover level, shape, and size of the property, and <br />location of the existing improvements are unique to this property. <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The specific conditions do not apply to many of the neighboring properties. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial property <br />right of the applicant. The variance is necessary to preserve the owner’s property rights. This criterion is <br />met. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort, or morals, or in <br />any other respect be contrary to the intent of this chapter. This criterion is met. <br />9