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FILE #LA24-000058 <br />18 November 2024 <br />Page 4 of 5 <br /> <br /> <br /> <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter <br />78: <br /> <br />This 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 <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located: <br /> <br />This condition is not applicable; improvements to a single-family home are allowed within in <br />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 <br />a two-family dwelling: <br /> <br />This condition is not applicable. <br /> <br /> <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property: <br /> <br />The subject property is encumbered by an ALS that severely limits the ability of the property <br />to be developed and improved. <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located: <br /> <br />The unique peninsula share of the property being a similar distance to the lake as its <br />neighbors, but within the ALS creates a practical difficulty for the owners. <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant: <br /> <br />Granting the variances are necessary for the expansion of the upper deck to create an <br />enclosed porch on the lower deck and preservation of the property rights of the owners. <br /> <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br />morals, or in any other respect be contrary to the intent of this chapter: <br /> <br />Granting the requested variances in this unique situation is not contrary to the intent of the <br />Zoning Regulations. <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: <br />71