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FILE #LA24-000035 <br />July 15, 2024 <br />Page 3 of 4 <br /> <br /> <br />meet the rear yard setback and therefore the construction of a deck requires a setback <br />variance. This criterion is met. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />location of the existing home on the lot as well as the substandard size and width of the <br />lot are out of the control of the homeowner. This criterion is met. <br /> <br />c. The variance will not alter the essential character of the locality. The proposed variances <br />allowing construction of a new deck on the rear of the home will not alter the character <br />of the locality. The proposed deck will meet the setback from the corner side yard and <br />will be screened from neighboring properties by existing fencing or vegetation. <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 deck attached to a home is a permitted use in the LR- <br />1A 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 existing position of the home on the lot is unique to this <br />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 request is specific to this property as it is impacted by the existing location of the <br />home. 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 does not have outdoor living space in the form <br />of a deck or patio. The existing home does not meet the required rear yard setback of 50 feet <br />and therefore a new deck on the rear of the home would require a variance. The proposal will <br />allow the property owner to enjoy their yard fully. Hardcover and street yard setbacks are met. <br />This criterion is 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 variances <br />will not adversely impact health, safety, comfort, or morals of the community. This criterion is <br />met. <br />47