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LA25-000043 <br />20 October 2025 <br />Page 4 of 8 <br /> <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 proposal to improve the existing conditions with minimal expansions in the lakeshore <br />is reasonable. This criterion is met. <br /> <br />b. There are circumstances unique to the property not created by the landowner: <br />The property has a buildable envelope less than the width of the existing house, making <br />most improvements to the home expansions within the lakeshore. This 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, as the proposed work improves the <br />existing conditions of the site and involves the rehabilitation of an existing house, in place <br />of demolishing and replacing the house. This 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 />Economic considerations are not a practical difficulty supporting 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 /> <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property: <br />Most properties the 75-foot lakeshore setback impacts only on one side, whereas the subject <br />property is impacted by this setback on three sides. The buildable envelope is as narrow as 22-feet <br />and 37% of the existing house footprint is within this envelope. Based on the configuration of the <br />house on the property, even minor expansions are within the lakeshore, making the improvement <br />of the site challenging. This criterion is met. <br /> <br /> <br /> <br />136