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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7596 <br />a. The property owner in question proposes to use the property in a reasonable <br />manner, however, the proposed use is not permitted by the official controls. The <br />request to permit the new portions of deck, partially lakeward of the average <br />lakeshore setback, appears to be reasonable considering the orientation of the <br />neighboring homes to the lakeshore, the existing vegetative screening, and the <br />topography. The criterion is met. <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner. The owners did not build the home. The linear nature <br />of the shoreline, resulting in neighboring home locations all in a continuous line, <br />prevents changes or expansions of the home on the lake side. The <br />circumstances are unique to the Property; <br />c. The variance, if granted, will not alter the essential character of the locality."The <br />variance is requested to permit construction of the lakeside deck, which will not <br />adversely impact the character of the neighborhood, according to the submitted <br />information. <br />B4. "Economic considerations alone do not constitute practical difficulties." Economic <br />considerations have not been a factor in the variance approval determination. <br />B5. "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 />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 residential improvements are an allowed use <br />in the LR-1 C District. <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. <br />B8. "The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property." The home location and design do not permit <br />the construction of a functional deck depth or changes to the configuration. The home <br />location, the topography, the home's orientation to the lakeshore, and the adjacent <br />homes create difficulties for the owners in improving the Property consistent with the <br />homes in their neighborhood on the lake side. <br />60 <br />