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FILE #LA24-000041 <br />August 19, 2024 <br />Page 3 of 4 <br /> <br /> <br />3. The applicant establishes that there are practical difficulties. <br />a. The property owner proposes to use the property in a reasonable manner not permitted <br />by the official controls; The existing home had a lakeside deck, which has now been <br />removed. The proposal is to reconstruct an expanded deck in the same location. The <br />deck will be above an existing at grade patio and therefore there is no increase in <br />hardcover. The proposed deck is over 100 feet away from the OHWL and is unlikely to <br />impact neighboring views of the lake. The proposal preserves the intent of the <br />ordinance by not disrupting any neighboring lake views. This criterion is met. <br /> <br />b. There are circumstances unique to the property not created by the landowner; The <br />location of the neighboring homes is out of the control of the homeowner. The applicant <br />is requesting the average lakeshore setback variance to construct an expanded deck to a <br />more reasonable size; and <br /> <br />c. The variance will not alter the essential character of the locality. The proposed variance <br />resulting in a new, expanded lakeside deck will not alter the character of the locality. <br />The project will meet the 75-foot lake setback, meet hardcover requirements and limit <br />impact to the neighbors. 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-1C 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 property in relation to the <br />neighboring homes is unique. The neighboring properties will not have their lake view impacted <br />by the proposed deck. 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 relates to the existing conditions of the site <br />and position of the 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 proposed deck allows the property owner to fully enjoy the <br />deck and lakeyard. The deck is over 100 feet from the lake and hardcover is not impacted. This <br />criterion is met. <br />10