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FILE #LA24-000017 <br />20 May 2024 <br />Page 4 of 5 <br /> <br />proposed hardcover removals help to offset the new hardcover resulting from <br />the deck. <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 permitted <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 residential improvements are <br />allowed in the LR-1C 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 location of the existing improvements <br />on the property, the orientation and extreme setback of the location of the <br />neighboring homes, and existing hardcover are conditions unique to this 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 location of the existing improvements on the property and the <br />orientation and extreme setback of the home to the south are conditions unique to <br />this property. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. The existing home is nonconforming with <br />respect to the average lakeshore and side yard setbacks. There are no options for a <br />conforming expansion of the home’s footprint or volume upward that do not require <br />variances. The variances are 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. Granting the <br />requested variances will not adversely impact health, safety, comfort, or morals; nor <br />will it be contrary to the intent of the Code. <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. The average lakeshore setback line <br />on this property eliminates the options for expanding and/or improving the home; the <br />granting of the requested variance is necessary to alleviate a practical difficulty <br />resulting from the location of the existing home in relation to the neighboring homes. <br />The existing hardcover exceeds permitted levels; the applicants’ proposed removals <br />will result in a 122 square foot reduction. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />Any conditions imposed must be directly related to and must bear a rough proportionality to the <br />impact created by the variance. No variance shall be granted or changed beyond the use <br />permitted in this chapter in the district where such land is located. <br /> <br />16