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FILE #LA18-000099 22 Jan 2019 Page 3 of 5 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. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462.537 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 requested average lakeshore setback variance is in harmony with the Ordinance as the most adjacent neighbors are situated such that their channel/lake views are not across the subject property and their views will not be impacted by the improvements. 2.The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of an addition to an existing single family residence in a residential zone 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 construction of building and structural improvements lakeward of the average lakeshore setback appears to be reasonable as the owners of the adjacent properties have stated that they are not adversely impacted; the mature vegetation, topography, and home orientation separate the Property from the adjacent neighbors. b.There are circumstances unique to the property not created by the landowner; the location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the channel character of the lake shoreline in question are conditions not created by the landowner; and c.The variance will not alter the essential character of the locality. It does not appear that the requested average lakeshore setback variance to permit additions to the home will adversely impact views of the lake currently enjoyed by the adjacent property owners or alter the character of the locality. Additionally City Code 78-123 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. 2, when in harmony with Orono City Code Chapter 78.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 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential home is an allowed use in the LR-1B 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 location of the existing home, the orientation and location of the neighboring homes, the depth of the lake yard, and the