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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7 28 4 <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 />