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FILE # LA19-000081 21 Oct 19 Page 3 of 4 the ordinance. 2. The variance is consistent with the comprehensive plan. This statement is true; the requested variance is in line with the rural residential goals within 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 variance request is residential in nature and are reasonable considering the unique rural nature of the property, and the neighborhood with significant separation between the properties as well as the elevation difference between the home and the lake. b. There are circumstances unique to the property not created by the landowner; the location of the barn to be replaced and the site configuration was not created by the owner, the elevation of the home and barn in relation to the OHWL of Lake Classen greatly impedes visual impact from the Lake; and c. The variance will not alter the essential character of the locality. The visual impacts of the replacement barn will be minimal from the lake due to the topography as well as from adjacent properties due to the physical distance separation. The proposed barn will not alter the character of the neighborhood. 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 an accessory barn is an allowed use in the RR-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 lake setback requirement, the size and shape of the property is similar to the other properties in the Jamestown Road neighborhood within the RR-1B district. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The existing barn to be replaced is at 112’ from the OHWL. It is located lakeward of the average lakeshore setback (116’); within the 150-foot setback from the OHWL. The proposed barn will meet the average setback and is on the top of a slope. The shape of the lot and the location of the existing buildings are unique to this property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing barn can be re-built in kind, the proposed replacement barn is necessary to permit the property owners continued enjoyment of their property. The barn is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake, maintaining maximum distance from adjacent properties, and is located out of drainage ways.