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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO.7613 <br />B2. Variances shall only be permitted when consistent with the comprehensive plan; the <br />proposed variance to construct a building, accessory to an existing primary residential use <br />is consistent with the Comprehensive Plan; and <br />B3. Variances may be granted when the applicant for the variance establishes that there are <br />practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in <br />connection with the granting of a variance, means that: <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; the proposed <br />accessory building meeting all other setback and hardcover requirements outside of <br />the neighboring lake views is reasonable; and <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner; the application of the average lakeshore setback as a flat <br />measurement of 129 feet over this Property with a unique shoreline, creates a <br />practical difficulty for the Owner. Although the proposed building is outside of the <br />adjacent neighbor's lakeview, the average lakeshore setback presents a difficulty for <br />the Owner, and <br />c. The variance, if granted, will not alter the essential character of the locality; the <br />accessory building is proposed approximately 115 feet from the shoreline and out of <br />the sightlines of neighbors, not altering the character of the area. <br />B4. Economic considerations alone do not constitute practical difficulties; economic <br />considerations were not the sole basis for the finding of practical difficulties with the <br />Applicant's request; 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; the Property is allowed to have accessory buildings within the LR-18 zoning district; <br />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 />119 <br />