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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />3 <br /> <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 /> <br />The request to permit portions of a deck lakeward of the average lakeshore <br />setback appears to be reasonable; the linear shoreline and location of the <br />neighboring homes result in the existing non-conforming condition. The Owner has <br />proposed hardcover removals to offset the new additions. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The location of the existing home, the orientation of the mostly straight shoreline, <br />and location of the neighboring homes, driveway easement, and existing <br />hardcover are conditions not created by the landowner; <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />It does not appear that the requested average lakeshore setback variance to <br />permit a new deck on the lakeside of the home will adversely impact views of the <br />lake currently enjoyed by the adjacent property owners or alter the character of <br />the locality. Further, the Owner’s proposed hardcover removals will offset the new <br />hardcover resulting from the deck. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <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 /> <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 deck is an allowed use in the LR-1B District. <br /> <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 /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The location of the existing improvements/ <br />home, the location of the neighboring homes in line with the Owner’s home along the