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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />owner proposes to install Improvements which are residential in nature and <br />reasonable from a residential scope. This criterion is met. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The neighboring home to the east is set back further from the lake than <br />most of the surrounding homes resulting in the unique average lakeshore <br />setback applied to the Property. This criterion is met <br />c. The variance, if granted, will not alter the essential character of the locality. " <br />It does not appear that the requested average lakeshore setback variance <br />to permit the deck will adversely impact views of the lake currently enjoyed <br />by the adjacent property owners.This 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." This condition is not applicable, as the use for improvements to a <br />residential structure is an allowed use in the LR -1C Zoning 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 <br />is angled away from the neighboring homes as to not interfere with the sightline <br />of the lake. This criterion is met. <br />9. "The conditions do not apply generally to other land or structures in the district in which the <br />land is located." The subject house if located closest to the lake in the area of Casco <br />Circle, which gently curves. This criterion is met. <br />