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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7 <br /> ,e S <br /> and stair are in harmony with the zoning code; the requested setback variance on this <br /> Property is generally consistent with the intent of the ordinance. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." This statement is true; the requested variance is in line with the <br /> residential goals within the comprehensive plan. <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 difficulties,' 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 reasonable manner, <br /> however, the proposed use is not permitted by the official controls. <br /> The variance requested is residential in nature and is reasonable considering the <br /> unique nature of the Property, and the neighborhood, with significant separation <br /> between the properties as well as the elevation difference between the home and <br /> the lake. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The location of the existing home and the site configuration was not created by the <br /> owner, the elevation of the home in relation to the OHWL of Long Lake greatly <br /> impedes visual impact of the additional mass from the Lake. <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The visual impacts of the addition will be minimal from the lake due to the topography, <br /> and screened from adjacent properties due to the physical distance separation. The <br /> proposed addition will not alter the character of the neighborhood. <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 /> 3 <br />