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LA26-000003 <br />17 February 2026 <br />Page 3 of 5 <br />as a variance, the temporary use of a one -family dwelling as a two-family dwelling. <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 intent and purpose of the natural environment lake setback and the hardcover restriction <br />within the shore setback zone or lakeyard is to minimize the impacts of development within the <br />shoreland as it pertains to water quality and its economic, natural environment and aesthetic <br />values. Although the current variance proposal involves an 8-foot encroachment towards the lake, <br />it is a minor expansion within an area once covered by hardcover, prior to the redevelopment of <br />the site. Further, it involves the net reduction of hardcover on the site and in the lakeyard <br />harmonizing with the intent and purpose of the ordinance to limit development in the shore <br />setback zone. This criterion is met. <br />2. The variance is consistent with the comprehensive plan: <br />The proposed variance to allow for amenities to a residential use in RR-18 zoning is consistent with <br />the comprehensive plan. This criterion is met. <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 />A pool and patio are a reasonable use on the site and they are impacted by the shore <br />setback zone. As the current variance request involves these same features just a different <br />orientation, the request is reasonable. This criterion is met. <br />b. There are circumstances unique to the property not created by the landowner: <br />The setbacks applied to this property leave a challenging building envelope, where most <br />reasonable improvements cannot easily be sited within this area. This criterion is met. <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 granting of a variance, as the <br />property has an existing variance for a pool and patio within the shore setback zone. This <br />criterion is met. <br />Additionally, City Code 6.12.530 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 variance request. This <br />criterion is met. <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 />36 <br />