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FILE#LA21-000030 <br /> 17 May 2021 <br /> Page 4 of 5 <br /> III <br /> defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code <br /> 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 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 a residential deck is an allowed use in the <br /> LR-1A 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 lot size and shape, proximity to the <br /> lake, and the topography are not particular to this specific property within this <br /> immediate 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 setbacks of adjacent homes in this neighborhood are somewhat <br /> similar to this lot,as well as the conditions specifically impacting this property: lot size <br /> and shape, topography, home proximity to the lake, and the required 50-foot street <br /> setback generally apply to the other substandard properties in this immediate LR-1A <br /> neighborhood. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The owner indicates that granting the <br /> variances are necessary for the preservation of their property right. However, in the <br /> opinion of staff,their property right is established by home and existing improvements <br /> on this substandard lot. <br /> 11. The granting of the proposed variance will not in any way impair health, safety, comfort ill <br /> or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br /> variances to allow construction of additional deck area is not likely to impair health, <br /> safety, and comfort however permitting expansion of the nonconformities in this <br /> circumstance is contrary to the intent of the zoning 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. All of the practical difficulties have not <br /> been met to justify supporting the requested variances. The granting of the variances <br /> would serve as a convenience.This criterion is not met. <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 /> Public Comments <br /> To date, no public comments have been received. <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 />