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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. ----6-6-5;1-"4..,.._.___ <br />the requested variances are consistent with the residential goals within the comprehensive <br />plan. <br />3. "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, t~e proposed use is not permitted by the official controls. <br />Installation of solar panels on the existing cabin is a reasonable use of the <br />Property, the existing setbacks of the cabin create practical difficulties and <br />necessitate variances. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The cabin's location lakeward of the average lakeshore setback line and within the <br />required 30-foot side setback; the separation between the subject cabin and the <br />neighboring cabins; and the existing tree stands combined with the topography <br />result in a unique circumstance not created by the landowner allowing for the cabin <br />and therefore the Solar Panels to be almost completely screened from views off <br />the Property. <br />c. The variance, if granted, will not alter the essential character of the locality." <br />The Solar Panels will not be visually obtrusive and will screened from views from <br />off of the Property adequately by existing vegetation and the topography. <br />4. "Economic considerations alone do not constitute practical difficulties." The Owners have <br />not requested consideration based on economic reasons. <br />5. "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." Orono's code permits only roof mounted solar panels to be constructed. Placement <br />on· the roof of the nonconforming cabin is the only location where solar panels are <br />permitted on the Property. <br />6. ''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 Solar Panels are a permitted use; this criterion is met. <br />3