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LA21-000059 <br /> September 20,2021 <br /> Page 4 of 5 <br /> to be reasonable based on the uniqueness of the neighboring lot, and this • <br /> neighboring home's location with 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-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, lack of • <br /> road frontage,configuration,orientation,and the setback from the lake of the adjacent <br /> homes creates 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, unique lakeshore, and the setback <br /> 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 /> requested variances in this unique situation would not be contrary to the intent of the <br /> zoning chapter. <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.The requested variances are necessary, <br /> and do not merely serve as a convenience to the applicant. <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, no public comments have been received. The applicant submitted a letter of support <br />