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FILE # LA22-000039 15 Aug 2022 Page 4 of 5 from the homes on the neighboring properties. The proposed deck should not impact existing views of the lake from the property to the east. 2. The variance is consistent with the comprehensive plan. The proposed use of the property is residential and is consistent with the Comprehensive Plan. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The location, size and orientation of the proposed deck is reasonable given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; The shape and orientation of the property are circumstances not created by the landowner; and c. The variance will not alter the essential character of the locality. The deck encroachment into the average lakeshore setback will not impact the character of the locality. 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. 17, 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 a residential improvement is allowed within the LR-1C Lakeshore Residential District. 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. The corner lot configuration results in a street setback on two sides, in addition to the lake and average lakeshore setback creating challenges for development. The corner lot status and triangular shape of the property are unique to the subject property. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The specific conditions impacting this property do not apply to other land or structures in the district, or other properties within this neighborhood. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. Due to the application of the average lakeshore setback, structural improvements or changes to the home on the lake side are not permitted. The applicants have indicated that the granting of this variance is necessary. 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. The proposed deck encroachment is not anticipated to impair the health, safety, comfort, or morals; nor is it contrary to intent of the zoning chapter. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. According to the applicants,