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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 66 60 The plight of the property owners is due to the location of the existing house, deck and patio areas which based on available City records were created prior to the 1992 establishment of setback and hardcover standards relative to the tributary creek. The property owner did not create this situation. Reconfiguration of the deck and storage area as proposed is not anticipated to alter the character of the neighborhood, as the proposed additions are in an area of the property that already is covered by structures, and the proposed additions are not anticipated to be visually intrusive. B4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. B5. ",Practical difficulties also include but are not limited to inadequate access to direct sunligbt for solar energy systems. Variances sball 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. Bb. 'The board or the council may not pennit 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 applieable, as the use for a single fancily residence is an allowed use in the RR 1B District. 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. B8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The conditions applicable to this property are consistentwith all properties that abut protected iakeshore and protected tributaries in Orono. However, the condition of having existing hardcover and structure within the 4-75' Shoreland setback zone is less common, and provides a basis for approval of the variances that would otherwise not exist. B9. "The conditions do not apply generally to other land or structures in the district in which the land is located.". The conditions apply to many other homes on lots abutting protected tributaries in the Orono which as a result of the required setbacka may have become nonconforming under the new Shoreland standards adopted in 1992; but do not apply to a majority of lots within the RR -IB district. B10. `Fhe granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The existing hardcover and structure are considered to be nonconforming but became so when the Shoreland standards were adopted in 1992. The applicants have the right to retain and maintain the existing deck