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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. 7671 <br /> <br /> <br />3 <br /> <br />and patio are a reasonable use on the Property, and the proposed location reduces <br />hardcover at the expense of a minor encroachment toward the lake; and <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not <br />created by the landowner; the setbacks applied to this Property create a challenging <br />building envelope, where most reasonable improvements cannot easily be sited in a <br />conforming location; and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality; the <br />character of the locality will not be altered with the granting of a variance, as the <br />Property has an existing variance for a pool and patio within the shore setback <br />zone. <br /> <br />B4. Economic considerations alone do not constitute practical difficulties; economic <br />considerations do not impact the finding of practical difficulties with the Property; and <br /> <br />B5. 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; this condition is not applicable; and <br /> <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; this condition is not applicable; and <br /> <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 /> <br />B8. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property; the Applicant has preserved many of the site’s <br />existing conditions and features, including the septic system and much of the driveway. <br />These existing improvements are all partially within the building envelope of the Property, <br />making it extremely difficult to relocate the pool and patio into a conforming location; and <br /> <br />B9. The conditions do not apply generally to other land or structures in the district in which the <br />land is located; the layout of the Property is unique, including the existing improvements on <br />site such as the septic system and tennis court; and <br /> <br />B10. The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the Applicant; a variance would allow for a reasonable shift in <br />the pool and patio location to accommodate improvements to the existing septic system <br />73