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FILE #LA24-000022 <br />May 20, 2024 <br />Page 3 of 4 <br /> <br /> <br />reasonable use of the property. The proposed changes are minimal and brings the deck <br />railing to building code standard. This criterion is met. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />existing home location is not the result of the current property owner’s actions; and <br /> <br />c. The variance will not alter the essential character of the locality. The proposed variance <br />resulting in the replacement deck that meets building code is supported by practical <br />difficulties and will not alter the character of the area. This criterion is met. <br /> <br />Additionally, City Code 78-123 provides additional parameters within which a variance may be granted as <br />follows: <br />4. Economic considerations alone do not constitute practical difficulties. Economic considerations <br />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 for <br />solar energy systems. Variances shall be granted for earth-sheltered construction as defined in <br />Minn. Stat. § 216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This <br />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 Orono <br />City Code Chapter 78 for property in the zone where the affected person's land is located. This <br />condition is not applicable, as a residential home is a permitted use in the LR-1B District. <br /> <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a <br />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 property <br />or immediately adjoining property. The location of the existing home on the lot and the relation <br />of the lot to the neighboring homes is unique and specific property. This criterion is met. <br /> <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The unique and existing conditions do not apply to other land or structures in the <br />neighborhood or district. This criterion is met. <br /> <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The existing home is in a nonconforming location. The proposed <br />deck will maintain the same lake setback and same hardcover. The only change on the new deck <br />is the height of the railing in order to meet building code. Granting the average lakeshore <br />setback allows the property owner to replace an aging deck that is in disrepair. This criterion is <br />met. <br /> <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, <br />or in any other respect be contrary to the intent of this chapter. Granting the requested variance <br />will not adversely impact health, safety, comfort, or morals of the community. The proposed <br />deck is in the same location and same footprint as the existing deck. This criterion is met. <br /> <br />12. The granting of such variance will not merely serve as a convenience to the applicant, but is <br />necessary to alleviate demonstrable difficulty. The average lakeshore setback variance allows the <br />53