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FILE #LA23-000047 September 18, 2023 Page 4 of 5 of the property. The proposed home is over 2,000 square feet smaller in footprint than the existing home and there is an overall reduction in hardcover. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The existing house was not built by the current owners. The existing conditions of the lot including the location of the existing structures and improvements were not created by the new landowner. Additionally, the topography and vegetation further limit the placement of a new home and that is not a circumstance created by the landowner; and c. The variance will not alter the essential character of the locality. The proposed variances resulting in the construction of a new single-family home is supported by practical difficulties and will not alter the character of the area. The proposed home is smaller in size and the overall hardcover is reduced. The setbacks from the lake remain similar to that of the existing home and improvements. The average lakeshore setback is also conforming for this property. This criterion is met. Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is a permitted use in the RR-1B District. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The existing conditions of the property including the existing location of structures, septic system, topography and vegetation a are unique conditions to this specific property. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. While the surrounding properties are similar in size, the topography and location of the existing structures on the property are unique to the subject property. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home is in a nonconforming location. The proposal is to construct a new single-family home in a similar location and maintain the current setbacks. However, the house size will be reduced and the overall hardcover will be reduced on the site. This criterion is met.