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AiLOAT CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> Ott' tiL` NO. 7353 <br /> 1 EsH©0" <br /> 3. "Variances may be granted when the applicant for the variance establishes that there are practical <br /> difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with <br /> 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 construction of a deck for an existing home on a substandard lot <br /> appears to be reasonable as the deck meets all required setbacks and the total square footage <br /> of hardcover will be reduced. <br /> b. The plight of the landowner is due to circumstances unique to his property not created by the <br /> landowner. <br /> The existing hardcover on the site over the 25%limit is not the result of the current property <br /> owner. The property owner will reduce the total hardcover on the site by removing a <br /> walkway and portion of a patio to accommodate for the new deck. <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The variance is requested in order to permit construction of a new deck partially above an <br /> existing patio. The overall hardcover will be reduced on the lot. The proposed <br /> improvement is designed to fit the character of the neighborhood and existing home. <br /> 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations <br /> 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 for solar <br /> energy systems.Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § <br /> 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78." This condition is not <br /> applicable. <br /> 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City <br /> Code Chapter 78 for property in the zone where the affected person's land is located." This condition <br /> is not applicable,as a residential home is an allowed use in the LR-1C District. <br /> 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two- <br /> family dwelling." This condition is not applicable. <br /> 8. "The special conditions applying to the structure or land in question are peculiar to such property or <br /> immediately adjoining property." The property's substandard size and existing hardcover over the <br /> 25%creates difficulties which also apply to many of the properties in the same neighborhood. <br /> 3 <br />