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CITY O r ORONO <br />RESOLUTIONOF THE CITY COUNCIL <br />NO. G 6 p 6' <br />The variances to permit hardcover and structure is consistent with the priorities outlined <br />in the comprehensive plan to protect lakeshore. The proposal includes screening of the <br />walls from the lake which is further supported by the comprehensive 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, the proposed use is not permitted by the official controls. <br />The Applicants propose to install retaining wall improvements which are residential <br />in nature and reasonable from a residential scope. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The Applicants have proposed a solution which will protect against failure of the <br />slope. The condition of the existing lake yard slope is not a result of actions by the <br />Applicants. <br />c. The variance, if granted, will not alter the essential character of the locality." <br />The variances to permit hardcover and structure within the 75 foot setback will help <br />to maintain the existing slope stability as well as maintain the character of the <br />locality. The proposed retaining wall is the minimum height necessary to stabilize <br />the slope. <br />4. "Economic considerations alone do not constitute practical difficulties." <br />The Applicants have not requested consideration based on economic criteria. <br />"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." <br />This criteria is not applicable. <br />5. "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." <br />