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FILE #LA23-000008 <br />April 17, 2023 <br />Page 5 of 7 <br /> <br /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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 /> <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