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FILE#17-3992 <br /> January 16,2018 <br /> Page 3 of 4 <br /> a. The property owner proposes to use the property in a reasonable manner not <br /> permitted by the official controls;The owner proposes to install Improvements <br /> which are residential in nature and reasonable from a residential scope. <br /> b. There are circumstances unique to the property not created by the landowner; <br /> The neighboring home to the east is set back further from the lake than most <br /> of the surrounding homes resulting in the unique average lakeshore setback <br /> applied to the Property; <br /> c. The variance will not alter the essential character of the locality. It does not <br /> appear that the requested average lakeshore setback variance to permit the <br /> deck will adversely impact views of the lake currently enjoyed by the adjacent <br /> property owners. <br /> d. Additionally City Code 78-123 provides additional parameters within which a <br /> variance may be 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 deck as an accessory to single <br /> family dwelling are an allowed use in the LR-1C 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 property abuts Lake Minnetonka with <br /> both abutting neighbors setback over 130 feet from the lake. The proposed deck is <br /> angled away from the neighboring homes as to not interfere with the sightline of the <br /> lake. <br /> 9. The conditions do not apply generally to other land or structures in the district in which <br /> the land is located. The subject house if located closest to the lake in the area of Casco <br /> Point,which gently curves. <br /> 10. The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant. The applicant states that the variance is <br /> necessary.A deck lakeward of the home is a customary improvement in this area. <br /> 11. 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. Granting the <br /> requested variances will not adversely impact health,safety,comfort,or morals; nor <br /> will it be contrary to the intent of the Code. <br /> 12. The granting of such variance will not merely serve as a convenience to the applicant, <br /> but is necessary to alleviate demonstrable difficulty. The topography and location of <br /> the adjacent home to the east create practical difficulties affecting the Property;The <br /> applicant was working within the footprint of the existing encroaching deck but is <br /> slightly taller creating a new encroachment;the variances are necessary and not <br /> merely serve as a convenience to the owners. <br />