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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. 7364 <br /> <br /> <br />3 <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The orientation of the shoreline and location of the <br />neighboring homes are out of the Applicants’ control and create an average <br />lakeshore setback that is unnecessarily onerous. However, the Applicants are <br />reorienting the three existing PIDs into two lakeshore lots which does create <br />challenges when applying the average lakeshore setback. Siting the home in a <br />conforming location inland would adversely impact the Applicants’ views of the <br />lake; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” The <br />variance is requested in order to permit construction of a home at 75-foot lake <br />setback which will be designed to fit the character of the neighborhood. The <br />proposed home in the proposed location will not impact the existing lake views <br />enjoyed by the adjacent properties which determine the average lakeshore <br />setback line. <br /> <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <br />B5. “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 />B6. “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 residential home is an allowed use in the <br />LR-1B District. The Property is a lakeshore lot; the application of the average lakeshore <br />setback in this circumstance would adversely impact the lake access and views for the <br />Applicants and would result in no added viewshed benefit to the adjacent properties. <br /> <br />B7. “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 />B8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The unique channel shoreline resulting in the <br />severe setback from the lake of the adjacent homes creates difficulties in developing the <br />Property consistent with the other homes in the same neighborhood. <br /> <br />B9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The Property’s channel shoreline positioning combined with the