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� <br /> FILE�15-3�95 <br /> 10Nov15 <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 shalE only be permitted when; <br /> 1. The variance is in harmony with the general intent and purpase af the Ordinance. <br /> Grenting a variance to allow an ln-ground pool to be constructed w�thin 75-feet of the <br /> OHWL would be inconsistent with the majority of the large lot properties in Orono and <br /> may alter the essenttal character of the localtty. <br /> 2. The variance is consistent with the comprehensive plan. Grarrting of the proposed <br /> hardcover and wetfand setback variances would be contrary to the irrteM of the <br /> Comprehensive Plan and Zoning Code which prohibits structures and hardcover within <br /> 75 feet of lakes and wlthin 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 offlcia!controls; <br /> b. There are circumstances unique to the property not created by the landowner; <br /> the nonconforming locat9on of the exis#ing 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 hardco�er and wetland setback variances to allow a poo1,decks with <br /> pergo{a and poof patta to encroach as much as t30 feet into the wetland setback <br /> and as close as ±60 feet to the OHWL may alter the essential character af 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 /> Cit�s adoption of the Shorelanci Regulations which prohibited hardcover within 75 feet <br /> of the lake and prior to the estabfishmer�t of the Natural Environment structural <br /> setback of 150-feet for French take. 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 a!I pre-existing homes on the properties abutting the south basln of French lake. <br /> 5. The conditions do not apply generaliy to other land or structures in the district in which <br /> the land is Eocated.The subJect home and other properties abuttirtg�e south basln of <br /> French Lake predate the Gty�s adoption of the Shoreland Regulations which <br /> establ(shed the 150-feet lake setback and 75-foot harticover prohibEtion. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantiaf properry right of the appiicant.Granting average lakeshoce setback and lake <br /> setback variances ta atlow deck additlons 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 nanconforming lacation of tf�e home on the property. However, <br /> there are sufflclent alternate locations to on the property to construct a co�orming tn- <br /> ground pool;the grarrting of the variance to permit an in�round pool to be constructed <br /> wfthtn the wettand setback and the 75-foot hardco�er setback is nat 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 heaEth,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 crtteria ls met. <br />