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FILE # LA23-000062 <br />17 June 2024 <br />Page 5 of 7 <br /> <br /> <br />not constitute practical difficulties. Practical difficulties also include but are not limited to inadequate access to <br />direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn. Stat. §216C.06, subd. 14, when in harmony with this chapter. The board or the council may not permit as a <br />variance any use that is not permitted under this chapter for property in the zone where the affected person's <br />land is 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 applicant requested <br />variances to construct a shed within the 75’ lakeshore setback and bluff area. There is evidence, on old <br />surveys, of a previous 28-square-foot pump house (now removed) in this general location. The applicant <br />is requesting approval to build a 165-square-foot shed 2-4 feet from the OHWL of Lake Minnetonka. An <br />accessory building in this location is not in harmony with the intent of the ordinance. The City Code <br />permits a small water-oriented accessory structure for storage and a pump house near their dock. The <br />plans submitted are unclear on the location and construction of the building. This criterion is not met. <br /> <br />2. The variance is consistent with the comprehensive plan. The request for an accessory structure with the <br />proposed footprint size, the level of hardcover proposed, and proximity to the lake and bluff is <br />inconsistent with the comprehensive plan. This criterion is not met. <br />1. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not permitted by the <br />official controls; The applicant’s request to permit the construction of a 165-square-foot shed and <br />hardcover within the 75’ lakeshore setback and bluff is not reasonable. The city code permits a <br />water-oriented structure for storage within the lakeshore. Construction of a building that would <br />increase hardcover in a sensitive area is protected from improvements by official controls. This <br />criterion is not met. <br />b. There are circumstances unique to the property not created by the landowner; The bluff <br />surrounding the lakeshore on the property was not created by the owners; and <br />c. The variance will not alter the essential character of the locality. The requested variances will <br />result in a building 2-4 feet from the OHWL of Lake Minnetonka. This request would result with <br />the improvements being out of character with the neighborhood and impact the view from the <br />lake. This criterion is not met. <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as follows: <br />2. Economic considerations alone do not constitute practical difficulties. Economic considerations have not <br />been a factor in the variance approval determination. <br />3. Practical 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. 17, when in harmony with Orono City Code Chapter 78. This condition is not applicable. <br />4. The board or the council may not permit as a variance any use that is not permitted under Orono City <br />Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not <br />applicable, as a residential home is an allowed use in the LR-1B District. <br />5. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family <br />dwelling. This condition is not applicable. <br />6. The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property. The bluff on the property surrounding the lakeshore are conditions that <br />are consistent with the immediate neighborhood. This criterion is met. <br />7. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The location of the bluff in relation to the lakeshore applies to neighbor property owners. The <br />construction of a shed and hardcover is not permitted throughout the City. This criterion is not met. <br />12