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LA19-000048 <br /> July 15,2018 <br /> Page 3 of 4 <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The neighboring home locations prevent a residential footprint consistent with <br /> the neighborhood. The circumstances are unique to the property; and <br /> c. The variance will not alter the essential character of the locality. The variance <br /> requested in order to permit construction of new additional decking to fit the <br /> character of the neighborhood according to the submitted information. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> 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 <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 a residential home is an <br /> allowed use in the LR-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 property's orientation and the setback <br /> from the lake of the adjacent home creates difficulties for the Applicant to improve the <br /> property consistent with the homes in their neighborhood. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The property's relationship between the existing home and the <br /> setback of the adjacent properties create difficulties for the owners. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting an average lakeshore variance is <br /> necessary for the preservation of the property right of the applicant. <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. Granting the <br /> requested variance in this unique situation is not contrary to the intent of the zoning <br /> chapter. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty. The requested variance is necessary, <br /> and does not merely serve as a convenience to the applicant. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditions imposed must be directly related to and must bear a rough proportionality to the <br /> impact created by the variance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is located. <br /> Practical Difficulties Analysis <br /> Staff finds due to the nature of the lot and the applied setbacks there are practical difficulties <br /> supporting granting the average lakeshore setback variance for construction of a new decks to <br /> the existing home. <br />