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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <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 />8. "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 />