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-szLOATp CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ti� NO. 7 1 9 9 <br /> G <br /> `4kESHO <br /> Plan. The variance to permit the minimal upward volume expansions is solely to upgrade <br /> the functionality of the carriage house, as well as allow the boathouse to conform to the <br /> floodplain regulations. The setbacks of the boathouse do not allow for the full 15 feet of <br /> rescue bench fill around the building as required. This criterion is met. <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 request to permit minor upward expansions of the buildings within the <br /> setbacks appear to be reasonable; the flat roof design of the boathouse minimizes <br /> any potential negative impacts; the existing setbacks; the mature vegetation, and <br /> location of neighboring homes separate the buildings from the adjacent neighbors. <br /> This criterion is met. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The Applicant proposes to reconstruct two nonconforming buildings to improve <br /> functionality for the owners. The buildings were not constructed by the current <br /> owners, or by current construction standards, and are in need of replacing due to <br /> their age and deferred maintenance; and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The requested variances will not result in the Property being out of character with <br /> the neighborhood; will not expand the footprint of the buildings; or result in <br /> additional encroachment into the setbacks toward the lake. The new <br /> encroachments will not alter the character of the locality. This criterion is 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 /> 4 <br />