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FILE #LA25-000025 <br />21 July 2025 <br />Page 4 of 5 <br /> <br /> <br />Staff does not find any economic considerations pertinent to the applicant’s request. This <br />criterion is not 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 />The property is allowed up to 2,000 square feet of accessory buildings based on the 1.3-acre <br />property size within the LR-1B zoning 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 />Staff does not find there are special conditions applying to the property or the proposed accessory <br />building. Additionally, Staff does not find special conditions applying to the land as the primary <br />residence of the subject property is situated at approximately the same distance from the ordinary <br />high water level as the adjacent residence to the east. This criterion is not 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 conditions of this property do apply generally to other land or structures in the district, and in <br />the general area. The shoreline of Lake Minnetonka creates unique property boundaries for the <br />land in the area and not just for this property. This criterion is not 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 />The applicant has an existing primary use of the property with a single-family residence, and the <br />proposal for an accessory building in a non-conforming location is not reasonable for the <br />preservation and enjoyment of the owners’ property rights. This criterion is not met. <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 />Approval of variances to permit an accessory building within the average lakeshore setback and <br />the without the required separation between buildings would be contrary to the intent and <br />purpose of the zoning regulations. <br /> <br />The average lakeshore setback and its application on this property is significantly more restrictive <br />than the 75-foot lakeshore setback. Despite this, the existing home meets the average lakeshore <br />setback, and the area of the property outside of this setback is sufficient in size to support the <br />location of the proposed accessory building. This criterion is not met. <br />41