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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. 7527 <br /> <br />3 <br /> <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 /> <br />The property owner has limited use of the site with the existing single-family home <br />with an attached two (2)-stall garage located almost entirely within the 75-foot <br />lakeyard setback. The proposed deck replacing a paved area is reasonable. . This <br />criterion is met. <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The existing house was built by previous owners. The lot is a peninsula with <br />lakeshore on three (3) sides limiting the building envelope on the site. The existing <br />nonconformities are not the result of the current property owner’s actions. This <br />criterion is met. <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The proposed variance resulting in the construction of a deck where a current patio <br />and landscaping is located will not alter the character of the neighborhood. The <br />lot is wooded and would have limited visible impact from the lake. This criterion is <br />met. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations 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 <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 />6. “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 a residential home is a permitted use in the <br />LR-1B District. <br /> <br />7. “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 />89