Resolution 7607 Variance Decks and Hardcover 1080 Ferndale Rd W

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AiLOttO CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y NO. 7607 l4kESHO existing improvements. The average lakeshore setback encroachment will not impact views enjoyed by the neighboring property. This criterion is met. B4."Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5."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. B6."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 improvements to a single-family home are an allowed use in the LR-1A District. B7."The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."This condition is not applicable. B8."The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The existing conditions of the Property, including the substandard size, existing location of improvements, and their proximity to the lake and wetland edge, topography, and vegetation, are unique conditions to this Property. This criterion is met. B9."The conditions do not apply generally to other land or structures in the district in which the land is located."The existing home is in a nonconforming location. The proposal is to construct decks in a similar location and maintain similar setbacks. This criterion is met. B10."The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The setbacks impacting the Property overlap, eliminating any buildable area. The existing home is in a nonconforming location. The proposal is to construct replacement lakeside decks in a similar location and with similar setbacks. This criterion is met. B11. "The granting of the proposed variance will not in 1ny way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." Granting the requested variances will not adversely impact health, safety, comfort, or morals of the community. This criterion is met. B12."The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty."The variances allow for the construction 4