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�O�p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y NO. 7284 <br /> F G <br /> -ikfsHo <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The average lakeshore setback variance will continue to preserve <br /> lake views from adjacent homes; the proposed variance is consistent with the <br /> comprehensive plan. <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 <br /> manner, however, the proposed use is not permitted by the official controls. <br /> The request to allow construction of the home in the proposed location partially <br /> within the average lakeshore setback appears to be reasonable as the proposed <br /> home location will preserve lake views from adjacent properties as well as allow <br /> for better stormwater management on the street side of the Property benefitting <br /> the neighborhood. This criterion is met. <br /> b. The plight of the landowner is due to circumstances unique to his property not <br /> created by the landowner. <br /> The location of the neighboring homes, the curve of the shoreline, and orientation <br /> of neighboring properties are out of the owners' control. However, the project has <br /> been designed so that the home does not impact views of the lake from adjacent <br /> homes; and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The proposed home has been designed to fit the character of the neighborhood <br /> according to the Applicant's information. <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 /> 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 residential home is an allowed use in the <br /> LR-1C District. <br /> 3 <br />