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FILE #LA21-000016 <br />15 March 2021 <br />Page 4 of 5 <br /> <br />2. The variance is consistent with the comprehensive plan. The variances support additional <br />development within the lake yard and into the average lake shore setback, all inconsistent <br />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 hardcover variance is requested to <br />alleviate a poor home design identified by the applicant and facilitate the creation <br />of more private outdoor space The variance requests to allow expansion of the <br />hardcover and building within setbacks is unreasonable and is not supported <br />by the practical difficulties. <br />b. There are circumstances unique to the property not created by the landowner; <br />The configuration and shape of the lot were not created by the owners. <br />Variances were granted in 2000 to construct a new home on the property <br />(Resol. No. 4430 attached as Exhibit However the uniqueness found in the <br />shape, size, and proximity to the lake are not difficulties which support granting <br />of additional variances to further expand the nonconformities on the property; <br />and <br />c. The variance will not alter the essential character of the locality. The setback and <br />hardcover variances requested will alter the essential character of the <br />neighborhood and when the property is viewed from the lake. <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 improvements are an allowed <br />use in the 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 lot shape, and depth, and the home’s <br />proximity to the lake are particular to this property. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The setbacks of adjacent homes in this neighborhood are somewhat <br />similar to this lot. The conditions specifically impacting this property (lot depth and <br />shape, home proximity to the lake, and the street frontage on two sides do not <br />generally apply to the other properties in the LR-1B district. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. The owners indicate that granting the <br />variances are necessary for the preservation of their property right. However, their <br />property right is established by home and existing improvements on this substandard <br />lot.