Resolution 7426 Variance 1513 Bay Ridge Rd deck

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titQ CITY OF ORONO IlitO RESOLUTION OF THE CITY COUNCIL ilIL NO. 7426 r'1'ESHO'-- B2."Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed variances to reconstruct a deck on the Property is consistent with the comprehensive plan. B3."Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The request to permit the deck and stair in the proposed location in the same footprint as the previous deck, within the side yard and average lakeshore setbacks, appears to be reasonable considering the orientation of the neighboring homes with respect to the lakeshore the existing vegetative screening, and topography. The request is reasonable. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The linear nature of the shoreline resulting in neighboring home locations all in a continuous line prevents changes or expansions of the home on the lake side. The new home to the south constructed in 2019 resulted in the Applicant's home becoming nonconforming where previously just a portion of the deck was situated within the average lakeshore setback. The circumstances are unique to the Property; and c. The variance, if granted, will not alter the essential character of the locality." The variance is requested in order to permit construction of the lakeside deck in the same footprint, approximately 8-inches higher and a different stair orientation, which will not adversely impact the character of the neighborhood according to the submitted information. B4."Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5."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. B6."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 3