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FILE#LA18-000099 <br /> 22 Jan 2019 <br /> Page 3 of 5 <br /> also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, <br /> subd. 2, when in harmony with this chapter. The board or the council may not permit as a <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 /> 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 /> requested average lakeshore setback variance is in harmony with the Ordinance as the <br /> most adjacent neighbors are situated such that their channel/lake views are not across <br /> the subject property and their views will not be impacted by the improvements. <br /> 2. The variance is consistent with the comprehensive plan.The variances resulting in a <br /> permit for construction of an addition to an existing single family residence in a <br /> residential zone are consistent with 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 <br /> permitted by the official controls; The request to permit construction of building <br /> and structural improvements lakeward of the average lakeshore setback <br /> appears to be reasonable as the owners of the adjacent properties have stated <br /> that they are not adversely impacted;the mature vegetation,topography, and <br /> home orientation separate the Property from the adjacent neighbors. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the location of the existing home, the orientation and location of the <br /> neighboring homes,the depth of the lake yard,and the channel character of the <br /> lake shoreline in question are conditions not created by the landowner; and <br /> c. The variance will not alter the essential character of the locality. It does not <br /> appear that the requested average lakeshore setback variance to permit <br /> additions to the home will adversely impact views of the lake currently enjoyed <br /> by the adjacent property owners or alter the character of the locality. <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 residential home is an allowed <br /> use in the LR-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 location of the existing home, the <br /> orientation and location of the neighboring homes,the depth of the lake yard, and the <br />