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FILE #LA25-000026 <br />21 July 2025 <br />Page 4 of 5 <br /> <br /> <br />a. The property owner proposes to use the property in a reasonable manner not permitted by <br />the official controls; The property has no legal buildable area. The existing nonconforming <br />decks can be rebuilt in-kind. The proposed construction of reconfigured decks in a similar <br />location at a similar setback is a reasonable use of the property. However, Staff does not <br />find practical difficulties supporting the overall increase in hardcover. This criterion is met <br />with an amendment to the hardcover. <br />b. There are circumstances unique to the property not created by the landowner; The existing <br />house/decks were not built by the current owners. The existing conditions of the lot, <br />including the location of the existing structures and improvements, were not created by the <br />owners. Additionally, the lake, wetland, topography, and vegetation further limit the <br />placement of conforming decks and that is not a circumstance created by the landowners; <br />and <br />c. The variance will not alter the essential character of the locality. The proposed variances are <br />supported by practical difficulties and will not alter the character of the area. The proposed <br />decks are smaller in size. The setbacks from the lake and wetland remain similar to those of <br />the existing improvements. The average lakeshore setback encroachment will not impact <br />views enjoyed by the neighboring property. This criterion is met. <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 have <br />not been a factor in the variance approval determination. <br />5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar <br />energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br />216C.06, subd. 17, when in harmony with Orono City Code Chapter 78. This condition is not <br />applicable. <br />6. The board or the council may not permit as a variance any use that is not permitted under Orono City <br />Code Chapter 78 for property in the zone where the affected person's land is located. This condition is <br />not applicable, as improvements to a single-family home are an allowed use in the LR-1A District. <br />7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br />family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such property or <br />immediately adjoining property. The existing conditions of the property, including the substandard <br />size, existing location of structures, and their proximity to the lake and wetland edge, topography, <br />and vegetation a are unique conditions to this specific property. This criterion is met. <br />9. The conditions do not apply generally to other land or structures in the district in which the land is <br />located. The existing home is in a nonconforming location. The proposal is to construct a new single- <br />family home in a similar location and maintain the current setbacks. However, the house size will be <br />reduced and the overall hardcover will be reduced on the site. This criterion is met. <br />10. The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant. The setbacks impacting the property overlap, eliminating any <br />buildable area. The existing home is in a nonconforming location. The proposal is to construct <br />replacement lakeside decks in a similar location and with similar setbacks. However, the 75-foot <br />hardcover should not increase, and the overall hardcover should be reduced by the amount added <br />on the site. This criterion is met with an amendment to the hardcover. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or <br />in any other respect be contrary to the intent of this chapter. Granting the requested variances will <br />not adversely impact health, safety, comfort, or morals of the community. This criterion is met. <br />65