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FILE # LA20-000005 18 February 2020 Page 5 of 6 encroachments into the lake yard. While the boathouse was not constructed by the current owners, they have a right to keep and even re-build the boathouse in-kind. The constructed expansions are not a right and are not supported by practical difficulty; and c. The variance will not alter the essential character of the locality. The applicant states that the improvements “…enhances the character of the locality.” The proposed variances allow for the expansion of the footprint of the deck and expansion of the volume of the boathouse; and result in additional encroachment into the setbacks toward the lake, all of which are out of character with the neighborhood; they are not permitted for other structures. The reconstruction and reorientation of the lake deck are not supported by practical difficulty; were not contemplated with the original approvals; and result in an increase in 0-75’ zone hardcover which is inconsistent with the Comprehensive Plan. This criterion is not met. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as maintenance of a legal non-conforming accessory building is permitted by code. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. There are no obvious special conditions applying to the structure or the land which are unique, or support the requested variances. The applicant has not identified special conditions to the structure or land justifying the variance. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant has not identified conditions. This criteria is not met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Substantial property right is provided by the principal structure. The boathouse is allowed to be maintained and replaced in kind. Expansion of an existing non-conforming building or structure is not a right. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. Granting the requested variances will not adversely impact health, safety, comfort, or morals; The Commission should determine whether the expansions negate the goals of the code in relation to views into, and out of the property, and hardcover limitations. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant asserts that the variances are necessary and will not merely serve as a convenience to the owners. The variances provide an improved aesthetic and outdoor living space near the OHWL, which could