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saAtp CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />G~ NO. / 399 <br />4AESHog' <br />The existing deck was constructed prior to the City's current regulations.The current deck <br />is nonconforming with approximately 5 feet of the deck within the average lakeshore <br />setback. The construction of a screened in porch addition on the existing deck footprint <br />increases the use and enjoyment of the lake property and is a reasonable request. The <br />proposal preserves the intent of the ordinance by not disrupting any neighboring lake <br />views. 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 and deck were not constructed by the current property owners. The <br />applicant is requesting the average lakeshore setback variance to construct a new screened <br />in porch addition on the existing deck footprint for better use and fit for the current family's <br />needs;and <br />c. The variance, if granted, will not alter the essential character of the locality." <br />The proposed variance resulting in a new addition on the lakeside of the home will not alter <br />the character of the locality.The project will not enlarge the footprint or protrude closer to <br />any setback. The screened in porch addition will be on top of the existing deck footprint. <br />All other setbacks including the 75-foot lakeshore setback and hardcover are met. This <br />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 />3