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FILE # 17-3992 January 16, 2018 Page 3 of 4 a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The owner proposes to install Improvements which are residential in nature and reasonable from a residential scope. b. There are circumstances unique to the property not created by the landowner; The neighboring home to the east is set back further from the lake than most of the surrounding homes resulting in the unique average lakeshore setback applied to the Property; c. The variance will not alter the essential character of the locality. It does not appear that the requested average lakeshore setback variance to permit the deck will adversely impact views of the lake currently enjoyed by the adjacent property owners. d. 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 the use for a deck as an accessory to single family dwelling are an allowed use in the LR -1C 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 property abuts Lake Minnetonka with both abutting neighbors setback over 130 feet from the lake. The proposed deck is angled away from the neighboring homes as to not interfere with the sightline of the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The subject house if located closest to the lake in the area of Casco Point, which gently curves. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant states that the variance is necessary. A deck lakeward of the home is a customary improvement in this area. 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. Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The topography and location of the adjacent home to the east create practical difficulties affecting the Property; The applicant was working within the footprint of the existing encroaching deck but is slightly taller creating a new encroachment; the variances are necessary and not merely serve as a convenience to the owners.