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�O�p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �*IIIL <br /> �� NO. 6 9 1 0 <br /> KE <br /> of a nonconforming boathouse within the 75-foot lake setback. The Owner has the <br /> right to reconstruct the boathouse in-kind. Regarding the setback variances, this <br /> criterion is not met. <br /> The lake access stair is permitted hardcover within the 75-foot setback; the <br /> proposed reorientation resulting in a reduction of hardcover is reasonable. <br /> Regarding the hardcover variance, this criterion is met. <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The requested variances may not result in the Property being out of character with <br /> the neighborhood; will not expand the footprint of the boathouse; or result in <br /> additional encroachment into the setbacks toward the lake. The stair reorientation <br /> resulting in a reduction of hardcover will not alter the character of the locality. This <br /> criterion is met. <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." The use for a residential accessory structure is an allowed use in the LR-1B <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." There are no special conditions peculiar to the <br /> property that justify expansion of a nonconforming boathouse in the 75-foot lake setback. <br /> The reduction of hardcover within 75-feet of the OHWL is a special condition peculiar to <br /> the property that justifies granting a variance for hardcover within 75-feet of the OHWL. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The location of the boathouse accessory building is an existing condition <br /> unique to a small number of properties in the City, but could be applied to all other boat <br /> 4 <br />