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FILE #LA23-000050 <br />October 16, 2023 <br />Page 4 of 6 <br /> <br /> <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances <br />for the construction of a new single-family home on a substandard parcel are supported by <br />practical difficulties. The proposed new home maintains a similar distance from the OHWL and <br />is generally in a similar location. The proposed home will meet the average lakeshore setback <br />and be in harmony with the neighboring homes. The existing conditions of the property are not <br />compliant as it relates to 75-foot lake setback, side yard setback, rear yard setback and <br />hardcover. The proposed project will improve certain setbacks, but will still require variances <br />from 75-foot setback, rear yard setback and hardcover variances. The current hardcover is over <br />the limit at 39.4% and the additional hardcover needed to modernize the property will bring the <br />total hardcover to 43.9%. The construction of a new home is in harmony with the general intent <br />of the Ordinance due to the practical difficulties of the substandard lot size, substandard lot <br />width, and existing conditions present. This criterion is met. <br /> <br />2. The variance is consistent with the comprehensive plan. The variances resulting in a new single- <br />family home is consistent with the Comprehensive Plan. The applicant has identified the <br />necessary practical difficulties inherent to the land supporting their requests. This criterion is <br />met. <br /> <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not permitted <br />by the official controls; The construction of a new single-family is a reasonable use of the <br />property. The proposed home will be located in a similar location to the existing home <br />on the property. 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 />width. The applicant is proposing to maintain a similar lake setback while adhering to <br />the average lakeshore setback. The small lot size, substandard width, and existing <br />improvements, such as Crystal Bay Road, are not the result of the current property <br />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 new home are supported by practical difficulties and <br />will not alter the character of the area. The neighborhood along Crystal Bay Road is <br />redeveloping and many of the properties require variances. The proposed home is in <br />line with the neighboring homes along the street. 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 />