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FILE#15-3795 <br /> 10 Nov 15 <br /> Page 4 of 6 <br /> use of a one-family dwelling as a two-family dwelling. <br /> According to MN §462.537 Subd. 6(2)variances shall only be permitted when: <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance. <br /> Granting a variance to allow an in-ground pool to be constructed within 75-feet of the <br /> OHWL would be inconsistent with the majority of the large lot properties in Orono and <br /> may alter the essential character of the locality. <br /> 2. The variance is consistent with the comprehensive plan. Granting of the proposed <br /> hardcover and wetland setback variances would be contrary to the intent of the <br /> Comprehensive Plan and Zoning Code which prohibits structures and hardcover within <br /> 75 feet of lakes and within 35 feet of wetlands. <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 <br /> permitted by the official controls; <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the nonconforming location of the existing home which was not created by the <br /> owner; and <br /> c. The variance will not alter the essential character of the locality. Granting the <br /> requested hardcover and wetland setback variances to allow a pool,decks with <br /> pergola and pool patio to encroach as much as±30 feet into the wetland setback <br /> and as close as ±60 feet to the OHWL may alter the essential character of the <br /> locality. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. The home was constructed prior to the <br /> City's adoption of the Shoreland Regulations which prohibited hardcover within 75 feet <br /> of the lake and prior to the establishment of the Natural Environment structural <br /> setback of 150-feet for French Lake. At the time of the home's construction a structure <br /> was permitted to be constructed up to 26 feet from the wetland edge. This is similar <br /> for all pre-existing homes on the properties abutting the south basin of French Lake. <br /> 5. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The subject home and other properties abutting the south basin of <br /> French Lake predate the City's adoption of the Shoreland Regulations which <br /> established the 150-feet lake setback and 75-foot hardcover prohibition. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant.Granting average lakeshore setback and lake <br /> setback variances to allow deck additions and pool construction within the 150-foot <br /> lake setback is reasonable and necessary to preserve the property rights of the owner <br /> and supported by the nonconforming location of the home on the property. However, <br /> there are sufficient alternate locations to on the property to construct a conforming in- <br /> ground pool;the granting of the variance to permit an in-ground pool to be constructed <br /> within the wetland setback and the 75-foot hardcover setback is not necessary for the <br /> preservation and enjoyment of a substantial property right of the owners. <br /> 7. 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. It is staff's <br /> opinion that this criteria is met. <br />