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FILE # LA22-000051 <br />21 Nov 2022 <br />Page 4 of 5 <br /> <br /> <br />proposed within the 75-foot setback is inconsistent with the Comprehensive Plan. <br />This criterion is not met. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />new home on the property was built in 2020-22 by the current owner. The <br />driveway expansion and new patio areas were not included on the approved plans <br />for the new home; no permits were obtained for the construction of the driveway <br />or patios. The constructed expansions are not a right, are not necessary to <br />preserve the existing home, and are not supported by practical difficulty; and <br /> <br />c. The variance will not alter the essential character of the locality. The proposed <br />variances reflect expansion of the impervious surface areas within the 75-foot <br />setback and result in additional hardcover setback encroachments toward the lake <br />which are out of character with the neighborhood. The new hardcover areas <br />within the setback are not supported by practical difficulty and are inconsistent <br />with the Comprehensive Plan. This criterion is not met. <br /> <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 /> <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter <br />78. This condition is not applicable. <br /> <br />6. The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is <br />located. A driveway exceeding 8-feet in width and additional patio hardcover are not <br />allowed within the Shoreland Overlay District. <br /> <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as <br />a two-family dwelling. This condition is not applicable. <br /> <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. There are no obvious special conditions <br />applying to the land which are unique, or support the requested hardcover setback <br />variances. Beyond the existing home and location of the approved improvements on the <br />property which was created by the Owner, the applicant has not identified special <br />conditions to the land justifying the variance. <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located. The Applicant has not identified conditions. This criteria is not met. <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Substantial property right is provided by the <br />existing principal structure. The Code provides for the minimal driveway hardcover