Resolution 7481 deck variance 1355 vine pl

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CITY OF ORONO RESOLUTION Ur THE CITY COUNCIL b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The existing home location is not the result of the current property owner's actions; and a, Tlae variance, fgranted, will not alter the essential character of the locality. " The proposed variance resulting in the replacement deck that meets building code is supported by practical difficulties and will not alter the character of the area. This criterion is met. 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 a residential home is a permitted use in the LR-1B District. 7. "The board or• council may permit as a variance the temporary use of aone-family dwelling as atwo- family dwelling." This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such properly or immediately adjoining property." The location of the existing home on the lot and the relation of the lot to the neighboring homes is unique and specific property. This criterion is met. 9. "The conditions do not apply generally to other• land or structures in the district in which the land is located." The unique and existing conditions do not apply to other land or structures in the neighborhood or district. This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The existing home is in a nonconforming location. The proposed deck will maintain the same lake setback and same hardcover. The only change on the new deck is the height of the railing in order to meet building code. Granting the average lakeshore setback allows the property owner to replace an aging deck that is in disrepair. This criterion is met. 3