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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. 7481 <br /> <br />3 <br /> <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 existing home location is not the result of the current property owner’s actions; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The proposed variance resulting in the replacement deck that meets building code is <br />supported by practical difficulties and will not alter the character of the area. This criterion <br />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 location of the existing home on the lot and the relation of the <br />lot to the neighboring homes is unique and specific 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 unique and existing conditions do not apply to other land or structures in the <br />neighborhood or district. This criterion is met. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a substantial <br />property right of the applicant.” The existing home is in a nonconforming location. The proposed deck <br />will maintain the same lake setback and same hardcover. The only change on the new deck is the <br />height of the railing in order to meet building code. Granting the average lakeshore setback allows the <br />property owner to replace an aging deck that is in disrepair. This criterion is met. <br /> <br />64