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BOAT CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� �,; NO. 7282 `�"EsHo " is to preserve views of the lake from the homes on the neighboring properties. The proposed deck should not impact existing views of the lake from the property to the east. 2. "Variances shall only be permitted . . . when the variances are consistent with the comprehensive plan." The proposed use of the Property is residential and is consistent with the Comprehensive Plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. 'Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The location, size and orientation of the proposed deck is reasonable given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The shape of the Property was not created by the landowner; c. The variance, if granted, will not alter the essential character of the locality." The deck encroachment into the average lakeshore setback will not impact the character of the locality. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78."This criterion is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located."This criterion is not applicable, as a residential improvement is allowed within the LR-1C Lakeshore Residential District. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."This criterion is not applicable. 3