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LA21-000052 <br /> August 15,2021 <br /> Page 4 of 5 <br /> within the lake setback appears to be reasonable as the property's reduced size • <br /> and orientation with respect to the lakeshore, Crystal Bay Road, and adjacent <br /> properties creates difficulties. The hardcover encroachments proposed within <br /> the lake yard appear to be reasonable and the nature of the new hardcover will <br /> be for a more usable front entry way. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The uniquely small lot size, width and location to the lake and roadway within <br /> the LR-1C zoning district standards prevent a residential footprint consistent <br /> with the neighborhood. The proposed additions and hardcover level are unique <br /> to the property to serve the proposed home;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 an addition to an existing home <br /> designed to fit the character of the neighborhood according to the submitted <br /> 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. 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 r <br /> located.This condition is not applicable, as single family residence is an allowed use in <br /> the 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 and <br /> orientation with respect to the lakeshore, Crystal Bay Road, and adjacent properties <br /> creates difficulties which also apply to many of the properties in the same <br /> 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, Crystal Bay Road, and adjacent properties creates difficulties which also <br /> apply to many of the properties in the same neighborhood. However the existing home <br /> location unique to this property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting hardcover and lake setback <br /> variances are necessary for the preservation of the property rights of the 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 hardcover and lake setback variances in this unique situation is not contrary <br /> to the intent of the 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 variances for lakeshore setback, <br /> hardcover and lakeyard setback are necessary, and do not merely serve as a <br />