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5. Practical difficulties 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 />Minnesota Statutes, Section 116J.06, Subd. 2, when in harmony with this Chapter. <br />Response: N/a – the request does not pertain to solar access for energy production or earth sheltered <br />construction. <br />6. The Board of Appeals and Adjustments or the Council may not permit as a variance any use <br />that is not allowed under this Chapter for property in the zone where the affected person's land <br />is located. <br />Response: The proposed use is consistent with, and accessory to, the current use of the property in <br />question. While the proposed addition of plumbing may be seen as intensification of the use, the homeowners <br />will sign a covenant stating that the structure will not be used for dwelling purposes maintaining it’s use as an <br />accessory structure for lake use and storage for the primary residence. <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 />Response: N/a – The property will remain a single-family dwelling, and the accessory structure will not be <br />used for dwelling per Sec. 78-1437(3). <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. <br />Response: The condition at hand is unique as the property has a portion that is high above the lake (where <br />the house sits), and another large portion that is near the lake level (where the existing boathouse is located). <br />As most lots slope gently from one elevation to the next, the lot in question has essentially two levels. The <br />level with the boathouse is quite low in relation to the ordinary high-water elevation with much of it lying <br />within the 100-year flood plain yielding the requirement from the watershed district to raise the lowest <br />opening level. Further, the location of the boathouse being so close to the lake prevents adequate area to <br />meet grading requirements. <br />Please see the attached narrative for more information. <br />9. The conditions do not apply generally to other land or structures in the district in which said <br />land is located. <br />Response: Very few, if any, lots that we are aware of have both an existing boathouse in need of <br />replacement, as well as the existing elevation of the grade surrounding the current boathouse being so far <br />below the MCWD minimum opening height that complying with both the MCWD and City codes would result in <br />a structure that is effectively uninhabitable. Looking at the properties in Orono, this is not a generally <br />occurring condition. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. <br />Response: The homeowners purchased a property that had a boathouse and desired to replace the existing <br />structure for a few key reasons. First, there is approximately 20’ of grade change from the lake level to the <br />main level of the home. The existing topography of the site requires a substantial number of steps from the <br />lake to the home. The homeowners have utilized the existing boathouse as a staging area and storage <br />location for many of their lake-centered activities so as to allow for storage or recreational items and as a <br />place to reside by the lake during the day. Further, the homeowners wish to expand the use of the lake for <br />friends and family that have limited ability to climb the stairs necessary to access the main house. It is for this <br />93