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LA20-000077 <br /> January 19,2021 <br /> Page 3 of 4 <br /> 3. The applicant establishes that there are practical difficulties. <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls;The request to add a chimney to a new home <br /> within the average lakeshore setback does not appear to be reasonable as the <br /> current property has an open building permit and plans that meet all the City <br /> Codes with adequate use of the lot for a single family home. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The owner's desire to add a chimney for a wood burning fireplace within the <br /> average lakeshore setback to the home is a condition created by the landowner, <br /> however the average lakeshore setback line was not created by the property <br /> owner and <br /> c. The variance will not alter the essential character of the locality. A chimney is a <br /> noticeable, but common feature on a home.Adding a chimney would not alter <br /> the character of the area. <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 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 single family home is an allowed use in the <br /> LR-1C 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 average lakeshore setback is peculiar <br /> for the property with a neighbor's home located behind the applicants home, creating <br /> an extreme setback line. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The extreme location of the average lakeshore setback line in unique <br /> to this property creates a difficulty for additions to the property. The council has <br /> approved a variance to allow the construction of a new home on the property for <br /> reasonable use of the lot. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The council approved a hardcover and <br /> average lakeshore setback variance in 2019(LA19-000048)to allow the construction of <br /> a new home on the property. This request for a variance is to allow revisions including <br /> a chimney to the home. The owners have reasonable use of the property with the <br /> current approved variances and issued building permit meeting all the variance and city <br /> code requirements. The proposed chimney would act as an amenity and convenience. <br /> It is not necessary for the use of the land. <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.The applicant <br /> states this to be true. <br />