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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> 7084 <br /> y NO. <br /> ESH0�� <br /> The visual impacts resulting from the additions proposed within the average <br /> Lakeshore setback will not alter the character of the neighborhood. Rather, the <br /> home will not impact views from the lake nor will it appear to be more visually <br /> obtrusive than the existing buildings on the property. <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 a residential home is an allowed use in the <br /> LR-1A 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's location and orientation as a <br /> peninsula, functionally an island, is unique. Due to the nature of the Property on the point, <br /> the application of the average lakeshore setback requirement causes a practical difficulty. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located."The Property's location on the lake is unique and applies primarily to this <br /> Property; the application of the setback requirement combined with the challenges of the <br /> flood hazard area restrict the ability to improve the Property without a variance, creating a <br /> practical difficulty. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." The home can be reconstructed in kind. <br /> However, the minimal relief from the ordinance allows for functional improvements to the <br /> footprint, retaining the character of the lot and are consistent with the existing home. <br /> Relating to the average lakeshore setback, this condition is met. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter."The proposed project <br /> will not impair the health, safety, comfort, or morals of the public. <br /> 3 <br />