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FILE#LA20-000070 <br /> 16 November 2020 <br /> Page 4 of 5 <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 an addition to the home is an allowed use in <br /> the LR-1B District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling as <br /> 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 location of the existing home, the <br /> orientation and location of the neighboring homes,the lagoon shoreline,and the character <br /> of the neighborhood are unique conditions affecting the subject Property and the <br /> immediately adjoining properties. <br /> 9. The conditions do not apply generally to other land or structures in the district in which the <br /> land is located. The location of the existing home, the orientation and location of the <br /> neighboring home, and the lagoon shoreline are unique conditions affecting the subject <br /> Property. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The applicant states that the variance is <br /> necessary to preserve their right to improve their home and property. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> requested variance will not adversely impact health,safety, comfort,or morals; nor will it <br /> be contrary to the intent of the Code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br /> necessary to alleviate demonstrable difficulty. The application of the average lakeshore <br /> setback on this property severely limits the options for expanding and/or improving the <br /> home;the granting of the requested variance is necessary to alleviate a practical difficulty <br /> resulting from the location of the existing home in relation to the neighboring home to the <br /> north,the orientation of the neighboring homes,and the character of the lagoon lakeshore <br /> affecting the subject property and the property to the north. <br /> The Commission may recommend or Council may impose conditions in granting of variances.Any <br /> conditions imposed must be directly related to and must bear a rough proportionality to the impact <br /> created by the variance. No variance shall be granted or changed beyond the use permitted in this <br /> chapter in the district where such land is located. <br /> Public Comments <br /> A supportive email was submitted by the neighbor at 3135 North Shore Drive who is the most <br /> impacted by the proposed addition.This comment is attached as Exhibit G. <br /> Issues for Consideration <br /> 1. Does the Planning Commission find that that the property owner proposes to use the <br /> property in a reasonable manner which is not permitted by an official control? <br /> 2. Does the Planning Commission find that the variance(s), if granted, will not alter the <br /> essential character of the neighborhood? <br /> 3. Does the Commission find it necessary to impose conditions in order to mitigate the <br /> impacts created by the granting of the requested variance(s)? <br />