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LA21-000012 <br /> February 16,2021 <br /> Page 3 of 4 <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 small lot <br /> includes difficulties in lake frontage, small size, and width. The additions meant to be <br /> within existing improved areas. <br /> 2. The variance is consistent with the comprehensive plan. The proposed variances to <br /> improve this nonconforming lot 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 for a 2"d story addition to the <br /> home on the substandard lot, in the proposed location within the setbacks, <br /> appears to be somewhat reasonable as the property's reduced size and <br /> orientation with respect to the I frontage lakeshore and adjacent properties <br /> creates difficulties. The encroachments proposed within the average lake <br /> setback,side yard,and lake yard appear to be reasonable. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The small lot size,existing home location with respect to the lake and setbacks, <br /> prevent a residential use consistent with the neighborhood;and <br /> c. The variance will not alter the essential character of the locality. The variances <br /> requested for a 2nd story additions to the home which are 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 single family home is an allowed use in the <br /> LR-1B 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 substandard size and <br /> orientation with respect to the lakeshore, and adjacent properties creates difficulties <br /> which may apply to many of the properties in the same neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The property's substandard size and width, home orientation, and <br /> adjacent properties creates difficulties which create a unique encroachments on the <br /> property for the existing home. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting the requested variances are <br /> necessary for the preservation of the property right of the applicant. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br />