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�Ot�O CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> NO. 7613 <br /> 4"ES HO <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-1 B 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 /> 3 <br />