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FILE #LA23-000059 <br />October 16, 2023 <br />Page 4 of 5 <br /> <br /> <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 existing nonconforming elements of the property and the <br />topography of the area are unique to the property. This criterion is met for the average <br />lakeshore setback restrictions. The side yard setback is not peculiar and all properties in the <br />neighboring area must meet this setback. This criterion is not met for the side yard setback <br />variances. <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The extreme average lakeshore setback and topography is unique to the property <br />limiting height of some accessory improvements on the site. The criterion is met for the average <br />lakeshore setback. The 10-foot side yard setback for accessory structure apply the same to the <br />properties in the zoning district and are not unique for this site. This criterion is not met for the <br />side yard setback variances. <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 proposed structure location is not necessary for the use and <br />enjoyment of the property. The proposal could be moved to meet the side yard setback <br />requirements and still function as an element of the outdoor living space. The privacy wall does <br />not impact the neighboring views of the lake and therefore can be supported. This criterion is <br />not met. <br /> <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter. Granting the requested variances <br />will not adversely impact health, safety, comfort, or morals of the community. This criterion is <br />met. <br /> <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 variance allows for the construction of an <br />accessory structure that includes a 6-foot screen wall and outdoor kitchen elements. The <br />placement of the structure within a side yard setback appears to serve as more of a convenience <br />to the applicant. The wall could be moved 4 feet inwards and be in a conforming location. Much <br />of the home is within the average lakeshore setback and the construction of a 6-foot screen wall <br />would not impede the neighboring lake views. The average lakeshore setback variance can be <br />supported, but the side yard setback variance cannot. This criterion is not met.