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FILE#16-3877 <br /> November 15,2016 <br /> Page 5 of 8 <br /> According to MN §462.537 Subd. 6(2) variances shall only be permitted when (staff <br /> commentary in bold type—applicable to all 7 lots): <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Single family homes and the associated amenities are permitted uses in the RR-1B <br /> district. The average lakeshore setback ordinance is intended to protect <br /> neighboring properties' views of the lake. Granting of the variances with <br /> conditions will maintain those views. <br /> 2. The variance is consistent with the comprehensive plan. Granting of the variance <br /> with conditions will be consistent with the intent of the comprehensive plan to <br /> protect lake views. <br /> 3. The applicant establishes that there are practical difficulties <br /> a. The property owners propose to use the property in a reasonable manner not <br /> permitted by the official controls. The property owners are proposing to use <br /> their properties in a reasonable manner by constructing new homes in a <br /> configuration which while not strictly meeting the provisions of the ordinance <br /> will effectively meet the intent of the ordinance. <br /> b. There are circumstances unique to the properties not created by the landowners. <br /> The varied topography, requirements for tree preservation, and the location <br /> of wetlands,stormwater ponds,septic sites,and driveways are unique factors <br /> to this subdivision which result in the limited possibilities for placement of <br /> homes within each lot. None of these factors were created by the property <br /> owners. <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 by the granting of the <br /> average setback variances. The large lot sizes, established setbacks between <br /> homes, and anticipated house locations based on individual site factors will <br /> tend to create the desired neighborhood character rather than alter it. <br /> 4. Economic considerations alone do not constitute practical difficulties if reasonable use <br /> for the property exists under the terms of the Zoning Chapter. Economic <br /> considerations have not been a factor in the variance approval determination.The <br /> proposed home locations are related to individual site factors and not to economic <br /> factors. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct <br /> sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br /> construction as defined in Minn.Stat. §216C.06,subd.2,when in harmony with Orono <br /> City Code Chapter 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 <br /> under Orono City Code Chapter 78 for property in the zone where the affected person's <br /> land is located. This condition is not applicable,as the use for single family homes <br /> is an allowed use in the RR-1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family <br /> dwelling as a two-family dwelling. This condition is not applicable. <br />