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gOAte.‘ CITY OF ORONO <br /> • RESOLUTION OF THE CITY COUNCIL <br /> NO. 7498 <br /> -IkEsHoo' <br /> is reasonable to expect some outdoor living space, such as a deck, for a single-family home. The <br /> subject property is substandard in size and unable to meet the setback requirements due to the <br /> placement of the home on the lot.The proposal is reasonable and unlikely to impact the neighboring <br /> properties. This criterion is met. <br /> 3. "Variances may be granted when the applicant for the variance establishes that there are practical <br /> difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with <br /> the granting of a variance,means that: <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 /> The proposal to construct a deck for a single-family home that does not currently have <br /> outdoor living space is reasonable. The existing home does not meet the rear yard setback <br /> and therefore the construction of a deck requires a setback variance. 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 location of the existing home on the lot as well as the substandard size and width of <br /> the lot are out of the control of the homeowner. This criterion is met. <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The proposed variances allowing construction of a new deck on the rear of the home will <br /> not alter the character of the locality. The proposed deck will meet the setback from the <br /> corner side yard and will be screened from neighboring properties by existing fencing or <br /> vegetation. <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-1A District. <br /> 3 <br />