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p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ��l G~ NO. 7424 <br /> -fkESH0 ' <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 wall to screen the outdoor living space is reasonable as it does <br /> not impact the neighbor's view of the lake. 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 placement of the existing home and the topography of the area are unique to the <br /> property and not created by the landowner. This criterion is met;and <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The proposed variance resulting in a new screen wall fencing will not impact the <br /> neighboring views of the lake. 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-1B 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 /> 8. "The special conditions applying to the structure or land in question are peculiar to such property or <br /> immediately adjoining property." The existing nonconforming elements of the property and the <br /> topography of the area are unique to the property. This criterion is met. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the land is <br /> located." The existing original home on the subject property is a unique condition. This criterion is <br /> met.The extreme average Lakeshore setback and topography is unique to the property limiting height <br /> of some accessory improvements on the site. This criterion is met. <br /> 3 <br />