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CITY OF ORONO <br />RfiSOLUTION OF THE CITY COUNCIL <br />NO. 7 19 9 <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 landowneris 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 />