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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. 7505 <br /> <br />3 <br /> <br />feet away from the OHWL and is unlikely to impact neighboring views of the lake. The <br />proposal preserves the intent of the ordinance by not disrupting any neighboring lake <br />views. 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 location of the neighboring homes is out of the control of the homeowner. The <br />applicant is requesting the average lakeshore setback variance to construct an expanded <br />deck to a more reasonable size; 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, expanded lakeside deck will not alter the <br />character of the locality. The project will meet the 75-foot lake setback, meet hardcover <br />requirements and limit impact to the neighbors. 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-1C 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 position of the property in relation to the neighboring <br />homes is unique. The neighboring properties will not have their lake view impacted by the proposed <br />deck. 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 request is specific to this property as it relates to the existing conditions of the site and <br />position of the home. This criterion is met. <br /> <br />46