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FILE # 17-3927 17 Apr 2017 Page 3 of 5 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 properties along the channel generally face the channel frontage and not the lake itself. Therefore lake views will not be impacted by the proposed addition. 2. The variance is consistent with the comprehensive plan. The variance resulting in a permit for construction of an addition to the single family residence in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The request to permit construction over a portion of the proposed home 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 entire home on the Property is located within the average lakeshore setback area; the mature vegetation and topography separate the Property from the adjacent neighbors. b. There are circumstances unique to the property not created by the landowner; The neighboring home to the north is set back further from the lake than the applicants' home; the curved channel frontage and the location of the neighboring homes closer to the rear/street lot line result in the severe average lakeshore setback applied to the Property; 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 an addition over a portion of the home will adversely impact views of the lake currently enjoyed by the adjacent property owners. 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 residence and additions to the residence are an allowed use in the LR -IB 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 setbacks of the neighboring homes and the curved channel shoreline (lake frontage) is not in character with other lakeshore properties on Forest Lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The majority of the homes both to the north and south of the Property are closer in proximity to the road and are generally in line with each other. The curvature of the channel shoreline and the location of the lake proper at the