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FILE#LA19-000067 <br /> 16 Sept 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 §462.357 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 /> proposed variances are in harmony with the purpose of the Ordinance.The lot <br /> includes difficulties in its shape,the orientation of the shoreline, location of adjacent <br /> homes, and the existing home's proximity to the lake.The average lakeshore setback <br /> variance will not further impact views of the lake for adjacent properties. <br /> 2. The variance is consistent with the comprehensive plan. The proposed variances to <br /> develop this property 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 the <br /> home in the proposed location partially within the average lakeshore setback <br /> appears to be reasonable considering the orientation of the neighboring <br /> homes with respect to the lakeshore, and adjacent properties creates <br /> difficulties.The request is reasonable. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The unique shape of the property and shoreline, the existing home's location <br /> with respect to the lake and the neighboring home locations prevent a <br /> residential footprint consistent with the neighborhood. The proposed overall <br /> hardcover level is conforming. The circumstances are unique to the property; <br /> and <br /> c. The variance will not alter the essential character of the locality. The variance is <br /> requested in order to permit construction of a home designed to fit the <br /> character of the neighborhood according to the submitted information. <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 residential home is an allowed use in the LR- <br /> 1C 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 property's unique shape and <br /> orientation with respect to the lakeshore,and the setback from the lake of the adjacent <br />