Resolution 7618 Variance Addition 650 Brown Rd N

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ic%.OA4O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 1. e NO. 7618 rA'ESH0�� creating a practical difficulty for the Owner as it is now within the average lakeshore setback defined by the newer homes; and c. The variance, if granted, will not alter the essential character of the locality; the proposed home addition would not impact the neighbors' views of the lake whatsoever, nor substantially encroach into the lakeshore setback, and will fit the character of the area. B4. Economic considerations alone do not constitute practical difficulties; economic considerations have not been a factor in the variance approval determination; and B5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78; this condition is not applicable; and B6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located; this condition is not applicable; and B7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling; this condition is not applicable; and B8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property; the addition is proposed in a portion of the house where the townhomes to the south will not see it, and where existing portions of the house will screen the addition from the northern property, not impacting their views of the lake; and B9. The conditions do not apply generally to other land or structures in the district in which the land is located; based on the timing of development in the area, the adjacent residence to the north was constructed to meet the average lakeshore setback, but created a new average lakeshore setback line bisecting the Owner's home; and B10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the Applicant; granting the variance is necessary to preserve the Owner's right to improve their home, especially as the lake views from neighboring will not be impacted by the home addition that is approximately 290 feet from the lakeshore; and B11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter; granting a variance 3