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FILE#LA22-000014 <br /> April 18,2022 <br /> Page 3 of 5 <br /> • also include but are not limited to inadequate access to direct sunlight for solar energy systems. <br /> Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br /> subd. 14,when in harmony with this chapter. The board or the council may not permit as a <br /> variance any use that is not permitted under this chapter for property in the zone where the <br /> affected person's land is located.The board or council may permit as a variance the temporary <br /> use of a one-family dwelling as a two-family dwelling. <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 /> proposed property will not impact the sight lines of the lake for the neighboring <br /> property. The variance would meet this standard. <br /> 2. The variance is consistent with the comprehensive plan.The property is being used for a <br /> single family home consistent with the comprehensive plan. The project is proposing <br /> to install a patio and pool which are accessory improvements to the primary use of the <br /> site,which is the house. <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 applicant states"Due to the existing grade <br /> of the land, it is a difficult lot to build on and the added fill to bring the pool up <br /> to the desired grade does not impact neighbors on either side and will not at all <br /> impact any site lines." <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The slope in the lakeyard and irregular contour for the neighborhood were not <br /> created by the homeowner. <br /> c. The variance will not alter the essential character of the locality. The variance <br /> would permit elevating the grade approximately 8 feet above neighboring, <br /> natural grades,contrary to the character of the locality. <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 house with a patio and pool 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 grading on the parcel is unique to this <br /> property left over from an older home demolition project. Elevating the proposed pool <br /> and patio above 42 inches in height is not unique. However,raising the grade 11.5 feet <br /> does appear excessive. <br /> 411 <br />