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FILE #LA25-000023 <br />21 July 2025 <br />Page 4 of 5 <br />adversely impact the view of the lake for the neighbors compared to the existing <br />condition. <br />b. There are circumstances unique to the property not created by the landowner; The <br />location of the home results in limited options for additions. The addition to the <br />home over the existing footprint should not impact the view of the lake for the <br />neighbors. The orientation of the roof and the conforming side yard setbacks will <br />allow more air and open space between the subject home and neighboring <br />homes. The circumstances are unique to the Property, and <br />c. The variance will not alter the essential character of the locality. The variances are <br />requested to permit the construction of a 2nd story over the home, with no <br />footprint expansions, that will not adversely impact the character of the <br />neighborhood. <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 have not been a factor in the variance approval determination. <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. This condition is not applicable. <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. This condition is not applicable, as a single-family home is an allowed use in the <br />1_11-113 District. <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. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The Property's short depth, the existing home <br />location and proximity to the lakeshore, and the relationship to adjacent homes create <br />difficulties for improving the property consistent with the homes in their neighborhood. <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The Property's substandard area and width, shallow depth, the location of <br />the existing home, adjacent homes, and the home's proximity to the lake create <br />difficulties for the owners. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Granting the setback variances to construct a 2nd <br />story over the existing footprint are necessary for the preservation of the property rights <br />of the owners. <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. Granting the <br />requested variances in this unique situation is not contrary to the intent of the zoning <br />chapter. <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. The requested variances are necessary and <br />do not merely serve as a convenience to the Applicants. <br />95 <br />