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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. 7426 <br />3 <br />B2. “Variances shall only be permitted . . . when the variances are consistent with the <br />comprehensive plan.” The proposed variances to reconstruct a deck on the Property is <br />consistent with the comprehensive plan. <br />B3. “Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. ‘Practical difficulties,’ as used in <br />connection with the granting of a variance, means that: <br />a.The property owner in question proposes to use the property in a reasonable <br />manner, however, the proposed use is not permitted by the official controls. The <br />request to permit the deck and stair in the proposed location in the same footprint <br />as the previous deck, within the side yard and average lakeshore setbacks, <br />appears to be reasonable considering the orientation of the neighboring homes <br />with respect to the lakeshore the existing vegetative screening, and topography. <br />The request is reasonable. <br />b.The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The linear nature of the shoreline resulting in <br />neighboring home locations all in a continuous line prevents changes or <br />expansions of the home on the lake side. The new home to the south <br />constructed in 2019 resulted in the Applicant’s home becoming nonconforming <br />where previously just a portion of the deck was situated within the average <br />lakeshore setback. The circumstances are unique to the Property; and <br />c.The variance, if granted, will not alter the essential character of the locality.” The <br />variance is requested in order to permit construction of the lakeside deck in the <br />same footprint, approximately 8-inches higher and a different stair orientation, <br />which will not adversely impact the character of the neighborhood according to <br />the submitted information. <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br />B5. “Practical difficulties also include but are not limited to inadequate access to direct sunlight <br />for solar energy systems. Variances shall be granted for earth-sheltered construction as <br />defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br />78.” This condition is not applicable. <br />B6. “The board or the council may not permit as a variance any use that is not permitted under <br />Orono City Code Chapter 78 for property in the zone where the affected person's land is