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FILE # LA18-000076 <br />17 Sept 2018 <br />Page 4 of 5 <br /> <br />construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono <br />City Code Chapter 78. This condition is not applicable. <br />6. The board or the council may not permit as a variance any use that is not permitted <br />under Orono City Code Chapter 78 for property in the zone where the affected person's <br />land is located. This condition is not applicable, as the use for a residential accessory <br />structure is an allowed use in the LR-1B District. <br />7. The board or council may permit as a variance the temporary use of a one-family <br />dwelling as a two-family dwelling. This condition is not applicable. <br />8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The Property exists at the end of a <br />peninsula. The proximity of the existing boathouse to the lake is an existing condition <br />which is unique to the property. This criterion is met. <br />9. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The location and existence of the boathouse accessory structure is <br />an existing condition unique to a small number of properties in the City, but could be <br />applied to all other boat house properties. <br />10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant. Substantial property right is provided by the <br />principal structure. The boathouse is allowed to be maintained and replaced in kind. <br />Expansion of an existing non-conforming structure is not a right. <br />11. The granting of the proposed variance will not in any way impair health, safety, comfort <br />or morals, or in any other respect be contrary to the intent of this chapter. Granting the <br />requested variances will not adversely impact health, safety, comfort, or morals; The <br />Commission should determine whether the modest expansion negates to goals of the <br />code in relation to views into, and out of the property. <br />12. The granting of such variance will not merely serve as a convenience to the applicant, <br />but is necessary to alleviate demonstrable difficulty. The applicant asserts that the <br />variances are necessary for safety and will not merely serve as a convenience to the <br />owners. Access to the water is possible through steps and/or stairs over steep slopes. <br />The variance provides a more comfortable viewing opportunity, which could be <br />considered a convenience. <br /> <br />The Commission may recommend or Council may impose conditions in granting of variances. <br />Any conditions imposed must be directly related to and must bear a rough proportionality to the <br />impact created by the variance. No variance shall be granted or changed beyond the use <br />permitted in this chapter in the district where such land is located. <br /> <br />Practical Difficulties Statement <br />Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, <br />and should be asked for additional testimony regarding the application. <br /> <br />Practical Difficulties Analysis <br />The boathouse was constructed prior to the contemporary lake and sightline protection rules. <br />The owners intend to keep the existing footprint yet wish to make improvements to better suit <br />their family’s needs and to modernize the structure. <br /> <br />Planning Commission should review the practical difficulties analysis provided within this report <br />and determine if they support granting the requested variances to improve the boathouse and <br />lake access stair.