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LA18-000053 June 18`h, 2018 Page 3 of 4 2. The variance is consistent with the comprehensive plan. The variances resulting in a permit for construction of a deck in a residential zone are consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The applicant is proposed to build a deck over an existing patio and only increasing the hardcover on the property to construct stairs for the proposed deck. The deck is located on the south side of the property, abutting an unimproved right of way which will not intrude on any sightlines to the lake in the average lakeshore setback. The proposed improved seems reasonable for the property. b. There are circumstances unique to the property not created by the landowner; The property is unique in size and width and received variances in 2012. and c. The variance will not alter the essential character of the locality. The requested variances will not alter the essential character of the neighborhood. 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 single family home is 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 one neighbor set 83.7 feet from the lake on the north and an unimproved right of way to the south. This property must follow the existing setback set by the property to the north. The proposed deck is on the south side of the home away for the one neighbor and should 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 shoreline slightly curves and the lot is uniquely shaped with the unimproved right of way bending around the west and south side of the property. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The applicant has stated is improvement is necessary to grant more accessible access to the lake. 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, unique shape and location of the property create practical difficulties affecting this property. The