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FILE#LA21-000048 <br /> 19 July 2021 <br /> Page 4 of 5 <br /> hardcover removals will help to offset the new hardcover resulting from the • <br /> deck. <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 <br /> sunlight for solar energy systems.Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. § 216C.06,subd. 17,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 residential improvements are <br /> allowed in the LR-1C 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 improvements <br /> on the property,the orientation and extreme setback of the location of the <br /> neighboring homes,and 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 on the property and the <br /> orientation and extreme setback of the home to the south are conditions unique to <br /> this 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 existing home is nonconforming with <br /> respect to the average lakeshore and side yard setbacks.There are no options for a <br /> conforming expansion of the home's footprint or volume upward that do not require <br /> variances.The variances are necessary. <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 variances will not adversely impact health,safety,comfort,or morals; nor <br /> will it 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, <br /> but is necessary to alleviate demonstrable difficulty.The average lakeshore setback line <br /> on this property eliminates the options for expanding and/or improving the home;the <br /> 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 homes. <br /> The existing hardcover exceeds permitted levels;the applicants' proposed removals <br /> will result in a 170 square foot reduction. <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 /> s <br />