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FILE # LA23-000021 <br />15 May 2023 <br />Page 4 of 5 <br />c. The variance will not alter the essential character of the locality. The variance is <br />requested in order to permit construction of additions to the home designed to <br />fit the 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. 17, 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 a single family home is an allowed use in the <br />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 unique orientation with <br />respect to the lakeshore and the adjacent homes create difficulties for the Owners in <br />improving the property consistent with the homes in their neighborhood. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The property's unique shape and the extreme setback of the adjacent <br />home on the flag lot creates difficulties for the owners. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Granting the average lakeshore setback <br />variance is necessary for the preservation of the property right of the owners. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter. Granting the <br />requested variance in this unique situation is not contrary to the intent of the zoning <br />chapter. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty. The requested variance is necessary, and <br />does not merely serve as a convenience to the applicant. <br />The Commission may recommend or Council may impose conditions in granting of variances. Any <br />conditions imposed must be directly related to and must bear a rough proportionality to the impact <br />created by the variance. No variance shall be granted or changed beyond the use permitted in this <br />chapter in the district where such land is located. <br />Public Comments <br />The applicant has submitted comments from the neighbors which were generally supportive. The <br />comments are attached as Exhibit I. <br />Issues for Consideration <br />Does the Planning Commission find that that the property owner proposes to use the <br />property in a reasonable manner which is not permitted by an official control? <br />Does the Planning Commission find that the variance(s), if granted, will not alter the <br />