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FILE#17-3919 <br /> 20 Mar 2017 <br /> Page 3 of 5 <br /> 1. The variance is in harmony with the general intent and purpose of the Ordinance.The <br /> proposed addition to the home is reasonable and a minimal encroachment.The <br /> variances are in harmony with the intent of the Ordinance. <br /> 2. The variance is consistent with the comprehensive plan.The requested variance is in line <br /> with the residential goals within the comprehensive plan. <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; The variance request is residential in nature <br /> and are reasonable considering the unique nature of the Property having a large <br /> wetland at the rear nudging the development closer to the lake. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The location of the existing home on the Property was not created by the <br /> owners;and <br /> c. The variance will not alter the essential character of the locality. The visual <br /> impacts resulting from the addition will not alter the character of the <br /> neighborhood. Rather,the home will appear to be aesthetically consistent with <br /> the adjacent neighbors as the majority of the neighboring homes are situated <br /> within the 75-foot setback area. <br /> Additionally City Code 78-123 provides additional parameters within which a variance may be <br /> granted as follows: <br /> 4. Economic considerations alone do not constitute practical difficulties. Economic <br /> considerations have not been a factor in the variance approval determination. <br /> 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn.Stat.§216C.06,subd. 2,when in harmony with Orono City Code Chapter <br /> 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 under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located.This condition is not applicable, as the use for a residence is an allowed use in <br /> the LR-1A District. <br /> 7. The board or council may permit as a variance the temporary use of a one-family dwelling <br /> 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 existing home location and orientation <br /> on Property is unique to the Property. Due to the nature of the wetlands on the <br /> properties along this portion of North Shore Drive the developed homes are nearer to <br /> the lake than the 75-foot setback; the application of the 75-foot setback requirement <br /> causes a practical difficulty.The home and the proposed addition are located landward <br /> of the average lakeshore setback line. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The home location within the 75-foopt setback is relatively unique <br /> in this City, although not in the immediate neighborhood. The application of the lake <br /> setback requirement virtually eliminates the ability to expand or improve the home <br /> without a variance,creating a practical difficulty. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. Granting the variance to construct the <br /> addition is necessary to increase functionality within the home; as well as for the <br />