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FILE#LA19-000005 <br /> 19 Feb 2019 <br /> Page 3 of 5 <br /> screen porch lakeward of the average lakeshore setback appears to be <br /> reasonable as the cove and the unnatural curve of the shoreline causes the <br /> extreme setback.The encroachment lakeward of the average lakeshore <br /> setback line is supported by neighbors.The adjacent property owners have <br /> indicated that they will not be adversely impacted. This criterion is met. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The visual impact on neighbors' lake views resulting from of the addition is <br /> minimal;the owners home location, and the surrounding home locations were <br /> not created by the Owner.This criterion is met.; and <br /> c. The variance will not alter the essential character of the locality. The location of <br /> the screen porch addition in the existing location does not alter the character <br /> of the locality.This criterion is met. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may <br /> be granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <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 a screen porch is an allowed use in the LR- <br /> 1B 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 /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The home on the Property and the <br /> neighboring homes are mostly in line and situated ±30 feet from the rear/street <br /> property lines resulting in a narrow area for improvements conforming to the average <br /> lakeshore setback line. This condition applies to the immediately adjacent properties. <br /> This criterion is met. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The home on the Property and the neighboring homes are mostly in <br /> line and situated±30 feet from the rear/street property lines resulting in a narrow area <br /> for improvements conforming to the average lakeshore setback line. This condition <br /> applies to the immediately adjacent properties.This criterion is met. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.There is an existing home on the Property <br /> which includes limited lake yard area to construct a conforming screen porch.This <br /> criterion is met. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter.The <br /> proposed screen porch is not out of character with the neighborhood.The unique <br /> shoreline and the cove area in front of the Property provide additional visual <br /> separation from the lake.This criterion is met. <br />