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-siLO.t�O CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> 1. �� NO. 7568 <br /> j-ktSH0�� <br /> encroachment of the roof volume creates a new vertical encroachment into the ALS <br /> and is not reasonable and is inconsistent with the official controls that are in place to <br /> protect view sheds; and <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner; the location of the homes on the adjacent properties establishes <br /> an ALS where a lakeward accessory structure can only be improved in-kind. The <br /> property owner has not established that there is anything unique about this <br /> application and it appears that the request is based more on a desire to design the <br /> building in a certain manner, and <br /> c. The variance, if granted, will not alter the essential character of the locality; the <br /> proposed vertical expansion intensifies the encroachment within the ALS. This is not <br /> in character with the neighborhood. <br /> B4. Economic considerations alone do not constitute practical difficulties; economic <br /> considerations have not been a factor in the variance approval determination; and <br /> B5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for <br /> solar energy systems. Variances shall be granted for earth-sheltered construction as defined <br /> in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78; this <br /> condition is not applicable; and <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 construction and improvement of a residential <br /> accessory building is permitted; ; and <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; and <br /> B8. The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property; the ALS limits improvements to the existing <br /> nonconforming shed to be in-kind, only. The ALS prevents the existing building from <br /> expanding outside of its existing dimensions; and <br /> B9. The conditions do not apply generally to other land or structures in the district in which the <br /> land is located; the conditions of the Property do apply to other land or structures in the <br /> district. This condition is not met; and <br /> 3 <br />