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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. 7464 <br /> <br /> <br />3 <br /> <br /> <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 /> <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 small home addition entirely within the 75-foot setback and <br />average lakeshore setback appears to be reasonable considering the location of <br />the existing home, the orientation of the neighboring homes to the lakeshore, and <br />the existing mature vegetative screening. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The location of the existing home prevents changes or <br />expansions of the home consistent with the neighborhood. The proposed overall <br />hardcover level is being reduced and the addition will not impact the views of the <br />lake from the neighboring homes. The circumstances are unique to the Property; <br />and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” The <br />variances are requested to permit the construction of a small addition to the <br />home designed as a cantilevered space minimizing impacts on the lake. The <br />location will not impact the neighbor’s views of the lake and will fit the character <br />of the neighborhood according to the submitted information. <br /> <br />B4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <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 /> <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 <br />located.” This condition is not applicable, as improvements to a single-family home are <br />allowed within the Shoreland and in the LR-1A District. <br /> <br />B7. “The board or council may permit as a variance the temporary use of a one-family dwelling <br />as a two-family dwelling.” This condition is not applicable. <br /> <br />127