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FILE #LA24-000009 <br />March 18, 2024 <br />Page 3 of 5 <br /> <br /> <br />provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties <br />because of circumstances unique to the individual property under consideration, and shall recommend <br />approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the <br />Orono Zoning Code. Economic considerations alone do not constitute practical difficulties. Practical <br />difficulties also include but are not limited to inadequate access to direct sunlight for solar energy <br />systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. §216C.06, <br />subd. 14, when in harmony with this chapter. The board or the council may not permit as a variance any <br />use that is not permitted under this chapter for property in the zone where the affected person's land is <br />located. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />two-family dwelling. <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 subject <br />property is currently vacant. The average lakeshore setback line is extreme due to the location <br />of the neighboring homes. There is no compliant building envelope. The proposed home will <br />meet all other setback requirements and has been designed to minimize impacts on the <br />neighboring lake views. The proposed project is in harmony with the general intent of the <br />Ordinance due to the practical difficulties present. This criterion is met. <br /> <br />2. The variance is consistent with the comprehensive plan. The construction of a new single-family <br />home on a conforming lot is consistent with the Comprehensive Plan. The applicant has <br />identified the necessary practical difficulties inherent to the land supporting their request. This <br />criterion is 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 home is a reasonable use <br />of the property. This criterion is met. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The shape <br />of the lot and the location of the neighboring homes is 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 variance <br />resulting in a new home is supported by practical difficulties and will not alter the <br />character of the area. 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 />26