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FILE#LA21-000045 <br /> 19 July 2021 <br /> Page 3 of 4 <br /> • <br /> adjacent neighbors have been notified and have not indicated their views of the lake <br /> will be impacted by the improvements,and hardcover will be conforming. <br /> 2. The variance is consistent with the comprehensive plan.The deck project in the <br /> residential zone are consistent with the Comprehensive Plan. <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. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The location of the neighboring homes,the setback of the existing home from <br /> the lake,and the orientation of the shoreline are conditions not created by the <br /> 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 an <br /> extension of the deck on the lakeside of the home will adversely impact views <br /> of the lake currently enjoyed by the adjacent property owners or alter the <br /> character of the locality. <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 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 and the location of the neighboring homes generally in line with <br /> the applicants'home along the shoreline 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, and the location <br /> of the neighboring homes along the shoreline are unique conditions affecting the <br /> 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 applicant has indicated the variance is <br /> 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 variance will not adversely impact health,safety,comfort, or morals; nor <br /> • will it be contrary to the intent of the Code. <br />