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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7424 <br /> <br />3 <br /> <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 /> <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 /> <br />b. The plight of the landowner is due to circumstances unique to his property not created by the <br />landowner. <br /> <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 /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <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 /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic considerations <br />have not been a factor in the variance approval determination. <br /> <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 /> <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 /> <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 /> <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 /> <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 />