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LA22-000028 <br /> June 21 2022 <br /> Page 5 of 7 <br /> • 1. The variance is in harmony with the general intent and purpose of the Ordinance. The <br /> proposed variances are in harmony with the intent and purpose of the Ordinance. The <br /> goal of the ordinance is to reduce or eliminate improvements in the lake yard, the <br /> proposal shifts away from the lake yard as much as practical. <br /> The new entrance monuments are not in harmony with the ordinance to prevent <br /> improvements within the wetland buffer. <br /> 2. The variance is consistent with the comprehensive plan. The proposed variances to <br /> develop a 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 the <br /> home on the substandard lot,in the proposed location within the lake,and side <br /> yard setbacks, appears to be reasonable as the property's reduced size and <br /> orientation with respect to the lakeshore. The hardcover and retaining walls <br /> proposed within the lake yard appear to be reasonable. The entrance <br /> monuments are permitted by the city code but the proposed location is not <br /> reasonable within the wetland buffer. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The lake and its inlet limit the building envelope for the property. The <br /> surrounding lakeshore is unique property feature of the lane 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 according to the submitted information. <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 the use for a single family home is an allowed <br /> use in the LR-1A 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 and <br /> orientation with respect to the lakeshore creates difficulties which may also apply to <br /> properties in the same neighborhood. <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 and orientation with respect to the <br /> lakeshore creates difficulties which may also apply to properties in the same <br /> neighborhood. However,the location of the lake surrounding the building envelope is <br /> very unique to this property. <br /> 0 <br />