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-v.p.44p CITY OF ORONO <br /> RESOLUTION OF LLTHE CITY COUNCIL <br /> '. NO. U O <br /> 'EsHO�`� <br /> L <br /> �� <br /> family residence with lake access stairs in a residential zone are consistent with the <br /> 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 property owner is proposing to use the site in a reasonable manner by <br /> proposing to build a new home that results in less hardcover then what <br /> currently exists on the site. The property owners are working to use the site <br /> the way it was intended for single family use. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The sub-standard size of the property was not the result of actions by the <br /> landowner. The lake yard setback variance request to add retaining walls <br /> within the 0-75 setback should address the addition of the set-in-grade stairs <br /> which helps to speak to the owners' stated drainage and erosion issues from <br /> neighboring lots. The neighboring storm water drainage encroachment is <br /> outside of the owner's control. To gain access to the lake the landowner's <br /> state stairs are necessary and reasonable. The proposed stairs to lake <br /> access are a reasonable to allow for a hardcover variance for this property; <br /> • the applicant is building and designing a new home; <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The lot area and width variances will not alter the character of the <br /> neighborhood; a home previously existed on the property. The lake yard <br /> setback variance and hardcover variance will not alter the character of the <br /> 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 /> 3 <br />