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FILE # LA20-000037 15 June 2020 Page 4 of 5 affected person's land is located. The board or council may permit as a variance the temporary use of a one‐family dwelling as a two‐family dwelling. According to MN §462.357 Subd. 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The proposed variances are in harmony with the purpose of the Ordinance. The substandard lot have difficulties in its small size and depth, and proximity to the lake to permit redevelopment. The house is set back approximately 6 feet further from the lake than is required by the average lakeshore setback, protecting views of the lake for adjacent properties and limiting driveway hardcover. 2. The variance is consistent with the comprehensive plan. The number and type of variances proposed to develop this nonconforming lot of record are consistent with the comprehensive plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; the request to permit construction of the home on the substandard lot is reasonable. b. There are circumstances unique to the property not created by the landowner; The substandard size is an existing condition and there is no available land with which to make the property conforming. There should be consideration for variance approvals from the lot width and area requirements. The house has been moved away from the lake in an attempt to limit the additional hardcover; and c. The variance will not alter the essential character of the locality. The variances are requested in order to permit construction of a home, which is reasonable. Additionally City Code 78‐123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth‐sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as a residential home is an allowed use in the LR‐1C District. 7. The board or council may permit as a variance the temporary use of a one‐family dwelling as a two‐family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property’s substandard size creates difficulties which also apply to many of the properties in the same neighborhood. The proposed hardcover level is not out of character. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property’s substandard size creates difficulties which also apply to many of the properties in the same neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Granting lot area and lot width variances are necessary for the preservation of the property right of the applicant. The