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