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FILE#16-3866 � <br /> October 13,2016 <br /> Page 4 of 6 <br /> accomplished unless a variance is granted. These circumstances were not <br /> created by the landowner but are inherent to the lot. <br /> c. The variance will not alter the essential character of the locality. The character of <br /> the neighborhood is not likely to be significantly altered by construction of the <br /> proposed deck or second story addition above the garage. The two adjacent <br /> lakeshore homes to the immediate south are on similarly situated lots very near <br /> the lake and are each two stories in height. <br /> 4. Econoinic considerations alone do not constitute practical difficulties if reasonable <br /> use for the property exists under the terms of the Zoning Chapter. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> The design of the proposed home is related to the desire for additional living <br /> spaces. <br /> 5. 1'ractical difficulties also include but aYe not limited to inadequate access to direct <br /> sunlight for solar energy systems. Variances shall be granted for earth-sheltered <br /> construction as defined in Minn. Stat. � 216C.06, suUd. 2,«-hen in harmon��with Orono <br /> Citt- Code Chapter 78." This condition is not applicable. <br /> 6. The board or the council ina�� not perinit as a variance an�- use that is not permitted <br /> under Orono Cin-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 single family <br /> residence is an allowed use in the LR-1C District. <br /> 7. The board or council ma�- permit as a `Tariance the temporary use of a one-famil�� <br /> dwelling as a t�vo-famil�� dwelling. This condition is not applicable. <br /> Cin� Code 78-123 pYovides additional paxameteYs within which a �raYiance ma�� bc gYanted as <br /> follo��s: <br /> 8. The special conditions applying to the structure or land in question are peculiar to such <br /> propern-or immediately adjoining propertt-.The condition of having a lot that is mostly <br /> within .the 0-75' lakeshore setback zone is unique to this and the two adjacent <br /> properties to the south which have homes located on a narrow sliver of land between <br /> the street and the lake. The vast majority of developed properties within the LR-1C <br /> district do not have this condition. <br /> 9. The conditions do not appl�� generall�� to other land or structures in the district in which <br /> the land is located. The code standards applicable to this property apply to all other <br /> property in the LR-1C District. However, most other properties in the the LR-1C <br /> district do not have the limitations imposed by close proximiry to Lake Minnetonka <br /> to which the applicants' property is subject. <br /> 10. The granting of the application is necessara for the preservation and enjo�-ment of a <br /> suUstantial properri� right of the applicant. The properry owner wishes to increase the <br /> size of the home, in order to create more bedrooms to accommodate a growing <br /> family. The proposed addition cannot happen unless the variance is granted to <br /> allow upward expansion above the garage home. Reconfiguration of the deck with <br /> the in the 0-75' setback zone also requires a variance and results in additional 0-75' <br /> hardcover and structure nearer the lake than the existing deck, due to the stairway. <br /> Whether these expansions are necessary for the preservation <br />