Resolution 7671 Approving Variance Inground Pool 2245 French Creek Rd

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�O�O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL yF NO. 7671 `�kESH0%- and patio are a reasonable use on the Property, and the proposed location reduces hardcover at the expense of a minor encroachment toward the lake; and b. The plight of the landowner is due to circumstances unique to his property not created by the landowner; the setbacks applied to this Property create a challenging building envelope, where most reasonable improvements cannot easily be sited in a conforming location; and c. The variance, if granted, will not alter the essential character of the locality; the character of the locality will not be altered with the granting of a variance, as the Property has an existing variance for a pool and patio within the shore setback zone. B4. Economic considerations alone do not constitute practical difficulties; economic considerations do not impact the finding of practical difficulties with the Property; 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 Applicant has preserved many of the site's existing conditions and features, including the septic system and much of the driveway. These existing improvements are all partially within the building envelope of the Property, making it extremely difficult to relocate the pool and patio into a conforming location; and B9. The conditions do not apply generally to other land or structures in the district in which the land is located; the layout of the Property is unique, including the existing improvements on site such as the septic system and tennis court; and B10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the Applicant; a variance would allow for a reasonable shift in the pool and patio location to accommodate improvements to the existing septic system 3