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� � CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> ti* *4* NO. 7596 <br /> t'lkESHO � <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-1C 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 /> 3 <br />