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FILE#LA20-000074 <br /> 16 Feb 2021 <br /> Page 4 of 5 <br /> zone are consistent with the Comprehensive Plan. However,the new 75-foot setback <br /> encroachment and hardcover are not supported by the Comprehensive Plan guidance. <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 permit portions of a deck <br /> lakeward of the average lakeshore setback appears to be reasonable;the <br /> linear shoreline and location of the neighboring homes result in the existing <br /> non-conforming condition.The applicants have proposed hardcover removals <br /> to offset the new additions. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The location of the existing home,the orientation of the mostly straight <br /> shoreline, and location of the neighboring homes,driveway easement,and <br /> existing hardcover are conditions not created by the landowner; and <br /> c. The variance will not alter the essential character of the locality. It does not <br /> appear that the requested average lakeshore setback variance to permit a <br /> new deck on the lakeside of the home will adversely impact views of the lake <br /> currently enjoyed by the adjacent property owners or alter the character of <br /> the locality. Further,the applicants' proposed hardcover removals will offset <br /> the new hardcover resulting from the deck. However,the new hardcover and <br /> deck within the 75-foot setback would alter the character of the locality and <br /> are not supported. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may <br /> be 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 <br /> sunlight for solar energy systems.Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. § 216C.06,subd. 2, when in harmony with Orono <br /> City Code Chapter 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 a deck is an allowed use in the LR-1B <br /> District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family <br /> dwelling 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 location of the existing <br /> improvements/home,the location of the neighboring homes in line with the <br /> applicants' home along the shoreline,the existing driveway with the easement,and <br /> existing hardcover are conditions unique to this property. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located.The location of the existing improvements/home,the location of <br /> the neighboring homes in line with the applicants' home along the shoreline,the <br /> existing driveway with the easement,and existing hardcover are unique conditions <br /> affecting the subject 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 applicants have provided statements <br /> indicating that the granting of the variances are necessary for their enjoyment and <br /> preservation of their property rights. <br />