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FILE #LA25-000031 <br />18 August 2025 <br />Page 3 of 4 <br /> <br /> <br />b. There are circumstances unique to the property not created by the landowner: <br />The ALS is significantly restrictive for the site. The homes along this portion of Long Lake <br />are situated further from the lake, creating deep lake yards. The townhomes to the south <br />are set even further back from the lake to accommodate their commons area. This <br />criterion is met. <br /> <br />c. The variance will not alter the essential character of the locality: <br />The character of the locality will not be altered with the approval of this variance. This <br />criterion is 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 />Staff does not find any economic considerations pertinent to the applicant’s request. 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 />A single-family residence is permitted within LR-1A zoning. 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 addition is proposed in a portion of the house where the townhomes to the south will not see <br />it, and where existing portions of the house will screen the addition from the northern property, <br />not impacting their view. 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 land to the north of the property was developed within the last 5 years, impacting the ALS and <br />creating a difficulty for the applicant, whose house was constructed in 1986. This condition is <br />unique and prevents the applicant from further improving the lakeward side of their home. This <br />criterion is met. <br /> <br /> <br /> <br />45