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FILE #LA25-000035 <br />18 August 2025 <br />Page 3 of 5 <br /> <br /> <br />According to MN §462.357 Subd. 6(2) variances shall only be permitted when: <br />1. The variance is in harmony with the general intent and purpose of the Ordinance: <br />The ALS is intended to protect lake views from the homes on adjacent lakeshore properties. The <br />proposed home addition is not expected to impact lake views, and the adjacent neighbor has <br />indicated their views will not be impacted. This criterion is met. <br /> <br />2. The variance is consistent with the comprehensive plan: <br />The proposed variance to add on to an existing single-family residential use is consistent with the <br />Plan. This criterion is met. <br /> <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls: <br />The owner’s proposal for a building addition with minimal encroachment into the average <br />lakeshore setback is reasonable. This criterion is met. <br /> <br />b. There are circumstances unique to the property not created by the landowner: <br />The house is located in a unique configuration on the property, where the ALS does not <br />leave a reasonable envelope for the home. The configuration of the current home limits <br />the use of the site. The circumstances are unique to the property not created by the <br />landowners. This criterion is met. <br /> <br />c. The variance will not alter the essential character of the locality: <br />The character of the locality should not be altered, as the addition is designed to have a <br />minor encroachment into the ALS and will not encroach into the 75-foot lake setback. 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-1B 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 />91