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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7415 <br /> .kESH00' <br /> emphasizes the protection of natural resources and limiting hardcover. The proposal is the minimal <br /> in size and will allow water to run through the slats of the deck. The proposal also includes the <br /> removal of a stone walkway in order to mitigate the hardcover impacts. This criterion is 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 small deck where no outdoor living space is currently is a reasonable <br /> use of the property supported by practical difficulties. 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 lot size, width, and presence of the OHWL on the property are unique to the property <br /> and are not at the result of the homeowner; and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The variance in order to construct a new deck would not likely impact the character of the <br /> area. The proposed deck is minimal and not intrusive and would have little impact on <br /> neighboring properties. 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 LR-1A 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 /> 3 <br />