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FILE #LA25-000011 <br />21 April 2025 <br />Page 4 of 5 <br /> <br /> <br />c. The variance will not alter the essential character of the locality: <br />The modifications to the house would not substantially impact the neighbor’s views of the <br />lake, nor substantially encroach into the lakeshore setback, and will fit the character of <br />the neighborhood according to the submitted and reviewed information. This criterion is <br />met. <br /> <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: <br />Economic considerations have not been a factor in the variance approval determination. This <br />criterion is met. <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 />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 />This condition is not applicable; exterior patio space, extended roof eaves, and a deck attached to <br />a single-family home are allowed within in the LR-1B district. This criterion is met. <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 />This condition is not applicable. <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 />The subject property is encumbered by an average lakeshore setback that severely limits the ability <br />of the property to be further developed, and limits expansions or changes to the existing house. <br />The house is located on a peninsula with lakeshore of three sides, applying the 75-foot lake setback <br />is unique for the land. This criterion is met. <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 />The subject property is limited by both the average lakeshore setback and the 75-foot lakeshore <br />setback on two sides of the property. The property only has a legal building envelope of <br />approximately 1,100 square feet, which the existing house is not located within. These conditions <br />are not generally applicable to other properties and buildings in the area. This criterion is met. <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 />Granting the variance is necessary to preserve the landowners’ right to improve or develop their <br />property as the small building envelope created by the applicable setbacks on this property creates <br />a hardship. This criterion is met. <br />41