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FILE#LA22-000039 <br /> 15 Aug 2022 <br /> Page 4 of 5 <br /> from the homes on the neighboring properties.The proposed deck should not impact • <br /> existing views of the lake from the property to the east. <br /> 2. The variance is consistent with the comprehensive plan.The proposed use of the <br /> property is residential and is 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 location,size and orientation of the <br /> proposed deck is reasonable given the intent of the ordinance to preserve <br /> views,and manage sensitive environmental concerns. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The shape and orientation of the property are circumstances not created by <br /> the landowner;and <br /> c. The variance will not alter the essential character of the locality. The deck <br /> encroachment into the average lakeshore setback will not impact 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 permitted41111 <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 residential improvement is <br /> allowed within the LR-1C Lakeshore Residential 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 corner lot configuration results in a <br /> street setback on two sides, in addition to the lake and average lakeshore setback <br /> creating challenges for development.The corner lot status and triangular shape of the <br /> property are unique to the subject 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 specific conditions impacting this property do not apply to <br /> other land or structures in the district,or other properties within this neighborhood. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Due to the application of the average <br /> lakeshore setback, structural improvements or changes to the home on the lake side <br /> are not permitted.The applicants have indicated that the granting of this 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.The <br /> proposed deck encroachment is not anticipated to impair the health,safety,comfort, <br /> or morals; nor is it contrary to intent of the zoning chapter. <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.According to the applicants, • <br />