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FILE�15-3792 <br /> January 14,2018 <br /> Page 4 of 6 <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The plight of the property owner is due to having a house with an extremely <br /> small and narrow lakeshore iot which is subject to standards expected of <br /> similarly iocated lots of any size; the landowner did not create the small (ot <br /> situation;and <br /> c. Fhe variance will not alter the essential character of the locality. Constructing a <br /> detached garage as proposed Is not anticipated to alter the charaeter of the <br /> neighborhood,since detached garages near tl�e road are common tn the <br /> Shadywood Road neighborhood. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. The special conditlons applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property. . The condRlon of having a detached <br /> garage on relatively narrow lakeshore lots in the Shadywaod Road area ls common; <br /> however, this lot is narrower than most other lakeshore lots alang Shadywood Road, <br /> and presents a unique set af condltlons for developmerK of the s1te. <br /> 5. The conditions do not apply generally to other iand or structures in the district in which <br /> the land is located. . The unusually narrow width of the property is not common in the <br /> Shadywaod Road area nor in Orono generally, and therefore the conditions imposed <br /> by the City ordtnances are dHffcult to meet. <br /> 6. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Having a garage in Minnesota is generally <br /> necessary for the preservatlon and enjoyment of a substantlal property right. <br /> 7. The granting of the propased variance wi{I not in any way impair health, safety, comfort <br /> or morals, or in any other respect be contrary to the intent of this chapter. While the <br /> property contalns an existing detached garage,lts locatlon and drlveway configuration <br /> do not provide for safe access to Shaclywood Road, and granting the �ariances will <br /> allow for a safer access,enhancing safety rather than impairing it. <br /> 8. The granting af such varlance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demanstrable difficulty. In the opinlon of staff, having a garage <br /> is not merely a convenience, and granting of the variances will solve a practical <br /> dlfflculty. <br /> The Commission may recommend or Council may impose conditions in granting of variances. <br /> Any conditiflns imposed must be directly related to and must bear a rough proportionality to <br /> the impact created by the �ariance. No variance shall be granted or changed beyond the use <br /> permitted in this chapter in the district where such land is lacated. <br /> Hardcover Variance <br /> This property was the subject of variances to allow a teardown/rebuild in 1987. The approval at <br /> that time limited the property to 2138 s.f. harctcaver including the 0-75' and 75-250' zones.The <br /> property currently contains 2,956 s.f. or 31.9 96 of hardcover overall, the majority of which is <br /> outslde the 0-75' zone. The difference in what was approved in 1987 and what exists today is <br /> primarily i� the bituminous parking area north of the garage, which apparently was added at <br /> same point since 1987. The existing 16'x24' (388 s.f.) detached garage is served by a short <br /> driveway, forcing the owner to back out into traffic on Shadywood Road. The additianal paved <br /> area existing along the north side of the garage provides for additional parking. <br />