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FILE#LA18-000015 <br /> 19 Mar 2018 <br /> Page 3 of 5 <br /> requested hardcover variance is reasonable and necessary as the existing location of <br /> the garage is nonconforming,and the proposed location is conforming.The new garage <br /> will be located closer to the existing driveway resulting in less driveway hardcover. <br /> 2. The variance is consistent with the comprehensive plan.The variances to permit a <br /> detached garage to be constructed 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 uniqueness of the shape,the long <br /> narrow driveway neck,and the orientation of the subject property create <br /> difficulties for the property owner's reasonable request to rebuild a detached <br /> garage. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The unique shape of the property was not the result of actions by the <br /> landowner. The existing condition of the long thin neck of driveway to reach <br /> North Shore Drive contributes to the hardcover overages,and <br /> c. The variance will not alter the essential character of the locality. The hardcover <br /> variance will not alter the character of the neighborhood;there is an existing <br /> improvement on the property situated at a substandard setback which more <br /> directly impacting the neighbors to the south and west.The hardcover <br /> variance is reasonable and necessary as the most logical location for the <br /> improvement is closer to and adjacent to the existing driveway.The hardcover <br /> for the property will not increase above the existing hardcover level which <br /> includes the assumed driveway. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> 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 detached garage is an allowed <br /> use in the 1.R-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 unique shape and orientation of the <br /> Property is not common in the surrounding neighborhood. The long narrow driveway <br /> neck results in excess driveway hardcover without the proportionate land area to <br /> balance it out necessitate granting a hardcover variance. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The unique shape qualities of the Property are not common in the <br /> surrounding neighborhood. <br />