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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7414 <br />3 <br />home away from the lake are in line with the goals of the Comprehensive Plan. This criterion is <br />met. <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 construction of a new single-family home is a reasonable use of the property. The <br />proposed home is over 2,000 square feet smaller in footprint than the existing home and <br />there is an overall reduction in hardcover. This criterion is met. <br />b.The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br />The existing house was not built by the current owners. The existing conditions of the lot <br />including the location of the existing structures and improvements were not created by the <br />new landowner. Additionally, the topography and vegetation further limit the placement of <br />a new home and that is not a circumstance created by the landowner; and <br />c.The variance, if granted, will not alter the essential character of the locality.” <br />The proposed variances resulting in the construction of a new single-family home is <br />supported by practical difficulties and will not alter the character of the area. The proposed <br />home is smaller in size and the overall hardcover is reduced. The setbacks from the lake <br />remain similar to that of the existing home and improvements. The average lakeshore <br />setback is also conforming for this property. This criterion is met. <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 a permitted use in the RR-1B District.