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0 CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> 1. AI NO. 7 08 2 <br /> ` ktSH0 <br /> to preserve the existing boathouse and are not supported by practical difficulty; <br /> and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The Applicant states that the variance "...enhances the character of the locality." <br /> The proposed variances allow for the expansion of the footprint of the deck and <br /> expansion of the volume of the boathouse; and result in additional encroachment <br /> into the setbacks toward the lake, all of which are out of character with the <br /> neighborhood; they are not permitted for other structures. The reconstruction and <br /> reorientation of the lake deck are not supported by practical difficulty; were not <br /> contemplated with the original approvals; and result in an increase in 0-75' zone <br /> hardcover which is inconsistent with the Comprehensive Plan. This criterion is not <br /> 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 maintenance of a legal non-conforming <br /> accessory building is permitted by code. <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 /> B. "The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property." There are no obvious special conditions <br /> applying to the structure or the land which are unique, or support the requested variances. <br /> The Applicant has not identified special conditions to the structure or land justifying the <br /> variance. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located."The Applicant has not identified conditions. This criteria is not met. <br /> Page 4 of 6 <br />