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( OJV CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ` �) NO. fl73 ` IIIIL �kfSH�ii 2. The Property is located in the LR-1A Zoning District. 3. The Property contains 3.52 acres in area and has a defined lot width of 210/ 200 feet. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance: a. Average Lake Shore Setback 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: According to MN §462.357 Subd. 6(2)variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the average lake shore setback is to preserve neighboring properties' views of the lake. The proposed encroachment will not impact these views. 2. The variance is consistent with the comprehensive plan. The proposed use of the lot for residential purposes is consistent with the Comprehensive Plan, as is the preservation of lake views and Shoreland management. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The placement of the house is a reasonable location given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; the location of the neighboring house, the presence of a tributary, and the previous discussions of a 'new'ALS where not created by the land owner and c. The variance will not alter the essential character of the locality. The encroachment into the ALS will not impact the character of the locality. Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination.