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LA21-000054 <br /> August 16,2021 <br /> Page 4 of 5 <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, a 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 extreme distance of the average <br /> lakeshore setback due to the neighbor to the east only apply to this property is unique <br /> 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 conditions do not apply to other land and structures in the <br /> district due to the unique lot for this neighborhood. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.The applicant states this to be true. <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.The proposed <br /> encroachment is not anticipated to impair any health or safety goals of the city. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. Per the applicant,granting this proposal <br /> is not for convenience. Granting is necessary to allow a totally unbuildable site a <br /> reasonable use and very reasonable and minor improvement. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Public Comments <br /> To date, the applicant has submitted letters of acknowledgment from 2705 Shadywood Dr <br /> (easterly neighbor) and 2693 Shadywood Dr(northern neighbor), attached as Exhibit F. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br /> 4. Are there any other issues or concerns with this application? <br /> Planning Staff Recommendation <br /> Planning Staff recommends approval of the variance as proposed. <br /> • <br />