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c. The variance will not alter the essential character of the locality. The variances are <br />requested to permit the reconstruction of a parking lot, new public boat launch, and <br />installation of additional functional features, which is reasonable. <br />4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br />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 for <br />solar energy systems. Variances shall be granted for earth -sheltered construction as defined in <br />Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This <br />condition is not applicable. <br />6. The board or the council may not permit as a variance any use that is not permitted under Orono <br />City Code Chapter 78 for property in the zone where the affected person's land is located. This <br />condition is not applicable, as the property is a legal nonconforming use. The site has <br />operated as a public boat launch since the 1960s before the City Zoning of LR-1C was <br />adopted. This proposed redesign will maintain this existing use. <br />7. The board or council may permit as a variance the temporary use of a one -family dwelling as a <br />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 property <br />or immediately adjoining property. The property's existing orientation and current use are <br />peculiar to the property. This creates unique difficulties for the site that also apply to other <br />water -oriented uses. The proposed variances are not out of character. <br />9. The conditions do not apply generally to other land or structures in the district in which the land <br />is located. The property's limited land availability, the necessity of the location and <br />orientation of the site with respect to the lake, support the established water -oriented use <br />create difficulties that do not apply other properties in the City. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The site is currently being used for public access to Lake <br />Minnetonka. The redesign supports and maintains the current use. The improvements are <br />necessary to address stormwater, accessibility and safety for the public (users of the <br />property). <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 variances <br />in this situation is not contrary to the intent of the zoning chapter. <br />12. The granting of such variance will not merely serve as a convenience to the applicants but is <br />necessary to alleviate demonstrable difficulty. The site is nonconforming as the restrictive 75 <br />lake setback area encumbers majority of the land. The site currently operates as a public <br />access for Lake Minnetonka. The proposed redesign will maintain the current use and <br />improve the stormwater, accessibility and safety. Granting the variances are necessary to <br />maintain the current use of the property. <br />The Commission may recommend or the Council may impose conditions in granting variances. Any <br />conditions imposed must be directly related to and must bear a rough proportionality to the impact created <br />by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the <br />district where such land is located. <br />23 <br />