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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL., NO. 7216 4. The Property is within Tier 1 and hardcover is limited to 6.4 % according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a. Average Lakeshore Setback 6. In considering this application for variance, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area. ANALYSIS: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The intent of the average lake shore setback is to preserve neighboring properties' views of the lake. The proposed encroachment will not impact these views. 2. The variance is consistent with the comprehensive plan. The proposed use of the lot for residential purposes is consistent with the Comprehensive Plan, as is the preservation of lake views and Shoreland management. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The placement of the addition is a reasonable location given the intent of the ordinance to preserve views, and manage sensitive environmental concerns. b. There are circumstances unique to the property not created by the landowner; The existing conditions of a uniquely shallow lot for the neighborhood, existing house location and the extreme average lakeshore setback due to the neighbor to the east are circumstances not created by the landowner and c. The variance will not alter the essential character of the locality. The encroachment into the ALS 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. 17, 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