09-19-2022 Planning Commission Packet

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The height of the existing home, location, and the slope,the shape and size of the Property were not the result of actions by the Applicants.The nearest structures on the neighboring properties are offset and set back sufficiently to allow for light, air, and open space between each of the homes. c. "The variance, if granted, will not alter the essential character of the locality." The variance requested will not alter the character of the neighborhood.The new garage addition is conforming, in setback, height etc..The deck location within the average lakeshore setback is consistent with the small setback nature of the neighborhood. A significant portion of the deck(primarily on the West side) is at or near grade,and lakeshore setback of the deck when built will be well outside of the minimum lakeshore setback significantly larger than several nearby properties.The deck will have no appreciable impact on neighboring property views. 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 the use for a residence is an allowed use in the LR-1B 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 topography, lot area, lot width, irregular average lakeshore setbacks, and the garage's current detached location are special conditions unique to the Property. Removing the garage abutting the street will relieve congestion and parking pressure, and improve viewscapes,along the street 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The topography,which drops off as you move toward the lake,the detached garage and congestion • along the Right of Way,the 'walk up' basement and related topography,the narrow lot width and 1111