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LA22-000067 <br />January 17, 2023 <br />Page 3 of 4 <br /> <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 /> <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 />intent of the average lake shore setback is to preserve neighboring properties’ views of <br />the lake. The proposed encroachment will not impact these views. <br />2. The variance is consistent with the comprehensive plan. The proposed use of the lot for <br />residential purposes is consistent with the Comprehensive Plan, as is the preservation <br />of lake views and Shoreland management. <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 placement of the staircase is in a <br />reasonable location given the intent of the ordinance to preserve views, and <br />manage sensitive environmental concerns. <br />b. There are circumstances unique to the property not created by the landowner; <br />The existing conditions of the existing home on the lot and the extreme average <br />lakeshore setback due to the neighbor to the north are circumstances not <br />created by the landowner and <br />c. The variance will not alter the essential character of the locality. The <br />encroachment into the ALS will not impact 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, 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 north is unique 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 ALS 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.