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4 <br />180539 <br />186919v1 <br />The property owner is proposing to use the Property in a reasonable manner very similar to <br />how it is currently and has historically been used. The plight of the property owner is due to <br />having a small lot in a developed neighborhood of similarly small lots, and which is <br />physically constrained as to expansion due to required setbacks, conditions not created by <br />the property owner. The Applicants have demonstrated that the lot size and shape; the <br />existence of the creek and its locational relationship to Stubbs Bay; the location of the <br />existing house; and the orientation in relationship to neighboring homes; are all practical <br />difficulties that make it impossible to construct a reasonable sized detached garage meeting <br />all code requirements. All of these circumstances pre-dated the Applicants’ ownership of <br />the property and were not created by the landowner. Further, the proposed garage replaces a <br />previous garage at the same location which existed until 2011, and granting the variances <br />will not result in a garage that is out of character with the surrounding neighborhood. <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br />B5. “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. 2, when in harmony with Orono City Code Chapter <br />78.” This condition is not applicable. <br />B6. “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.” This condition is not applicable, as the use for a single family residence with <br />accessory buildings is an allowed use in the LR-1A District. <br />B7. “The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling.” This condition is not applicable. <br />B8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The condition of a small, constrained <br />lakeshore lot is common in Orono, but compared to many others, this lot due to its size and <br />the 2-acre zoning standards applicable to it functionally has no buildable area as compared <br />to other lots which are wider, deeper and have more flexibility. <br />B9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The property is unique in that very few lots in Orono of this size abut a <br />creek that is considered as lakeshore, but this condition does affect other nearby lots along <br />Eastlake Street which are subject to the same regulations. <br />B10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” The ability to have a garage would appear to be <br />necessary for the preservation and enjoyment of any substantial property right. <br />B11. “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 of the