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o CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> 14. j <br /> 6660 <br /> NO. <br /> The plight of the property owners is due to the location of the existing house,deck and <br /> patio areas which based on available City records were created prior to the 1992 <br /> establishment of setback and hardcover standards relative to the tributary creek. The <br /> property owner did not create this situation. <br /> Reconfiguration of the deck and storage area as proposed is not anticipated to alter the <br /> character of the neighborhood,as the proposed additions are in an area of the property <br /> that already is covered by structures,and the proposed additions are not anticipated to <br /> be visually intrusive. <br /> B4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been a factor in the variance approval determination. <br /> B5. "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 /> 136. "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 single family residence is an <br /> allowed use in the RR-1B District. <br /> 137. "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 /> B8. "The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property." The conditions applicable to this property <br /> are consistent with all properties that abut protected lakeshore and protected tributaries <br /> in Orono. However,the condition of having existing hardcover and structure within the <br /> 0-75' Shoreland setback zone is less common,and provides a basis for approval of the <br /> variances that would otherwise not exist. <br /> B9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located.". The conditions apply to many other homes on lots abutting protected <br /> tributaries in the Orono which as a result of the required setbacks may have become <br /> nonconforming under the new Shoreland standards adopted in 1992;but do not apply <br /> to a majority of lots within the RR-1B district. <br /> 1310. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant" The existing hardcover and structure are <br /> considered to be nonconforming but became so when the Shoreland standards were <br /> adopted in 1992. The applicants have the right to retain and maintain the existing deck <br /> 4 <br />