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FILE#LA23-000008 <br /> April 17,2023 <br /> Page 5 of 7 <br /> difficulties due to the extreme setback requirements creating a very small building <br /> envelope that cannot support the construction of a new home.This criterion is met. <br /> b. There are circumstances unique to the property not created by the landowner;The <br /> existing house was not built by the current owners.The lot is substandard in area and <br /> has extreme setback limitations due to the location within the inlet of a bay and <br /> orientation to the lake.The applicant is proposing to utilize the existing foundation to <br /> construct a new single-family home.The small lot size,extreme setback requirements, <br /> and placement of the existing structures on the lot are not the result of the current <br /> property owner's actions;and <br /> c. The variance will not alter the essential character of the locality. The proposed variances <br /> resulting in the construction of a larger home on an existing foundation are supported <br /> by practical difficulties and will not alter the character of the area.The additional <br /> massing in front of the average lakeshore setback line will not impact any site lines of <br /> the lake that are enjoyed by neighboring properties.The additional hardcover within <br /> the 75-foot lakeshore setback is offset by the overall reduction in hardcover on the site, <br /> bringing the lot into conformance.This criterion is met. <br /> Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as <br /> follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br /> 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 for <br /> solar energy systems.Variances shall be granted for earth-sheltered construction as defined in <br /> Minn. Stat. §216C.06,subd. 17,when in harmony with Orono City Code Chapter 78.This <br /> condition is not applicable. <br /> 6. The board or the council may not permit as a variance any use that is not permitted under Orono <br /> City Code Chapter 78 for property in the zone where the affected person's land is located. This <br /> condition is not applicable, as a residential home is a permitted 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 as a <br /> 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 property <br /> or immediately adjoining property.The substandard lot size, unique lot shape, location on the <br /> inlet of a bay creating extreme setback requirements and the location of the existing structures <br /> on the lot are unique conditions to this specific property.This criterion is met. <br /> 9. The conditions do not apply generally to other land or structures in the district in which the land is <br /> located. While the surrounding properties are similar in size,the shape of the lot and location of <br /> the existing structures on the property are unique to the subject property.This criterion is met. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br /> property right of the applicant.The existing home is in a nonconforming location.The proposal is <br /> to use the existing foundation to construct a new single-family home.The modifications to the <br />