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FILE#LA19-000043 <br /> 17 June 2019 <br /> Page 3 of 5 <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 /> variance to allow construction of the garage addition and stair are in harmony with <br /> the zoning code;the requested setback variances on this Property are generally <br /> consistent with the intent of the ordinance. <br /> 2. The variance is consistent with the comprehensive plan. This statement is true; the <br /> requested variances are in line with the residential goals within the comprehensive <br /> 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 variance requests are residential in <br /> nature and are reasonable considering the unique nature of the property, and <br /> the neighborhood with significant separation between the properties as well <br /> as the elevation difference between the home and the lake. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the location of the existing home and the site configuration was not created by <br /> the owner, the elevation of the home in relation to the OHWL of Long Lake <br /> greatly impedes visual impact from the Lake;and <br /> c. The variance will not alter the essential character of the locality. The visual <br /> impacts of the addition will be minimal from the lake due to the topography as <br /> well as from adjacent properties due to the physical distance separation. The <br /> proposed addition will not alter the character of the neighborhood. <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 a residence is an allowed use in the LR-1A <br /> 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 size and shape (depth) of the property <br /> is similar to a number of the immediate properties along Spring Hill Road within the LR- <br /> 1A district. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The home is located right at the 100 foot structural setback from the <br /> OHWL and is on the top of a slope. The shallowness of the lot and the location of the <br /> existing home are unique to this property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The proposed garage addition is the minimal <br /> necessary to permit the property owners continued enjoyment of their property. The <br />