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7 <br /> FILE#17-3909 <br /> March 20,2017 <br /> Page 3 of 5 <br /> According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff commentary <br /> in bold type): <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. Single <br /> family residences and the associated amenities are a permitted use within the LR-1C <br /> zoning district. <br /> 2. The variance is consistent with the comprehensive plan. The proposed residential <br /> principal structure is a residential use which is consistent with the comprehensive plan <br /> guiding of this and surrounding properties for residential use. <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; The property owner is proposing to use the <br /> property in a reasonable manner by replacing the existing residence with a new <br /> residence of similar footprint, but the size of the lot is below the minimum lot <br /> size standards of the Zoning Code. <br /> b. There are circumstances unique to the property not created by the landowner. <br /> The plight of the property owner is due to the existing substandard lot size and <br /> shape, and its proximity to the lake.The lot is almost entirely within 75 feet of <br /> the OHWL of Lake Minnetonka where no structure or hardcover is normally <br /> allowed. The existing home was constructed in 1971 and the existing attached <br /> garage added in 1982 pursuant to variances granted by the city. Replacement of <br /> the home other than exactly 'in-kind' requires that new variances be granted. <br /> All of these are circumstances that were not created by the property owner;and <br /> c. The variance will not alter the essential character of the locality. The character of <br /> the neighborhood is not likely to be significantly altered from replacement of the <br /> residence in essentially the same location as the existing home. The two <br /> adjacent homes to the immediate south are on similarly situated lots very near <br /> the lake and are each two stories in height. <br /> 4. Economic considerations alone do not constitute practical difficulties if reasonable use for <br /> the property exists under the terms of the Zoning Chapter. Economic considerations have <br /> not been a factor in the variance approval determination. The design of the proposed <br /> home is related to the desire for additional living spaces, and the need to solve an <br /> existing water problem due to the adjacent grades. <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. 2,when in harmony with Orono City Code Chapter <br /> 78. This condition is not applicable. <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. This condition is not applicable, as the use for a single family residence is an <br /> allowed use in the LR-1C District. <br /> 7. 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 />