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