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FILE #LA24-000050 <br />November 18, 2024 <br />Page 6 of 8 <br />protection of natural resources including our natural waterways. The applicant has <br />designed the improvement to maintain natural landscape areas around the <br />lakeshore; the fencing protects this area from further encroachments. The proposed <br />project will reestablish green space that was removed from the county project <br />staging area and improve the accessibility to the permitted marina use. This <br />criterion is met. <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 <br />permitted by the official controls; The property owner currently has limited <br />use of the site as the existing marina is located almost entirely within the 75- <br />foot lakeyard setback. The western parking lot will have defined edging with <br />the fencing and improve pedestrian safety to access the site. The area has <br />been disturbed for many years during and following theCounty road/ bridge <br />reconstruction project. The applicant will reestablish green space and <br />vegetation around and near the lake. The proposed additional parking area <br />is reasonable and necessary for safety and accessibility supporting the <br />permitted use on the site. This criterion is met. <br />b. There are circumstances unique to the property not created by the landowner; <br />The applicant took over an existing marina business. Arial images suggest <br />there has been a similar marina business use operating at this location since <br />the 1950s. The County used the location of the western parking lot in 2021- <br />2023 as a staging area for the reconstruction of the Tanager Bridge and <br />removed the existing vegetation in this area. Following the County’s <br />project completion the vacated land was combined with the marina <br />property. The marina owner was left with this disturbed piece of land. The <br />marina operates on the east and west side of the parcel. Adding a parking <br />area to the west side of the property reduces pedestrian crossings over the <br />country road and allows for easier access to the docking areas. Improved <br />vehicle circulation is necessary for the safety of the site. The circumstances <br />of this area are unique because of the lot’s peninsula shape and the County’s <br />disturbance of the area are outside the controls of the land owner. This <br />criterion is met. <br />c. The variance will not alter the essential character of the locality. The proposed <br />variance to allow a new parking lot and fencing where there was <br />construction disturbance is not likely to adversely alter the character of the <br />neighborhood. The natural vegetation and green spaces will be re- <br />established and the improvement would reduce pedestrian and vehicle <br />crossings over a county road.This criterion is met. <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be <br />granted as follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic <br />considerations are not a factor in this variance approval determination. <br />5. Practical difficulties also include but are not limited to inadequate access to direct <br />sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br />construction as defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono <br />City Code Chapter 78. This condition is not applicable. <br />39