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���p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� � No. � g 9T ?— <br /> G <br /> �'�kFsxo�`�' <br /> 3. "Variances may be granted when the applicant for the variance establishes that there are <br /> practical difficulties in complying with the zoning ordinance. `Practical difFculties,' as used in <br /> connection with the granting of a variance, means that: <br /> a. The property owner in question proposes to use the property in a reasonab/e manner, <br /> however, the proposed use is not permitted by the o�cial controls. <br /> The use of a fence is a reasonable accessory use within the LR-1A District. <br /> b. The plight of the/andowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The property has a limited space due to the lakeshore on both sides and the commercial <br /> use of the parking lot to the south of the property creates a more intense use of the <br /> abutting property. <br /> c. The variance, if granted, will not a/ter the essential character of the locality." <br /> A fence should not alter the character of the area. <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 fence is an allowed use in the LR-1A <br /> 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 75 foot lakeyard setback covers majority of <br /> the property making the space peculiar. <br /> 3 <br />