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FILE#LA21-000050 <br /> 16 August 2021 <br /> Page 4 of 5 <br /> • <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 /> requested variances are in harmony with the purpose of the Ordinance. The Property <br /> has difficulties in its substandard area, width, and as a result of the location of the <br /> adjacent home(s). <br /> 2. The variance is consistent with the comprehensive plan. The requested variances to <br /> develop the nonconforming lot of record 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 a new <br /> home on a substandard lot forward of the average lakeshore setback appears <br /> to be reasonable based on the southern neighboring home's location with <br /> respect to the lakeshore. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The nonconforming lot area, lot width and location with respect to the <br /> neighboring home were not created by the homeowner;and <br /> c. The variance will not alter the essential character of the locality. The variances <br /> are requested in order to permit construction of a home designed to fit the <br /> 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. 17, when in harmony with Orono City Code <br /> Chapter 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 single family home is an allowed use in the <br /> LR-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 substandard size, lack of <br /> road frontage,orientation and the setback from the lake of the adjacent homes creates <br /> difficulties for the Owners in redeveloping the 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 Property's substandard size, lack of road frontage, and the <br /> setback of the adjacent homes create difficulties for the owners. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting lot area, lot width, and average <br /> lakeshore variances are necessary for the preservation of the Property right of the <br /> 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 /> • <br />