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, 1 , �"��O CITY OF ORONO RESOLUTION OF THE CITY COUNCIL �` � 6 5 � 'y�, G` NO. � --�--- l'4'FE 5 H�� the requested variances are consistent with the residential goals within the comprehensive plan. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in complying with the zoning ordinance. `Practical difficulties,' as used in connection with the granting of a variance, means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. Installation of solar panels on the existing cabin is a reasonable use of the Property, the existing setbacks of the cabin create practical difficulties and necessitate variances. b. The plight of the landowner is due fo circumstances unique to his property not created by the landowner. The cabin's location lakeward of the average lakeshore setback line and within the required 30-foot side setback; the separation between the subject cabin and the neighboring cabins; and the existing tree stands combined with the topography result in a unique circumstance not created by the landowner allowing for the cabin and therefore the Solar Panels to be almost completely screened from views off the Property. c. The variance, if granted, will not alter the essential character of the locality." The Solar Panels will not be visually obtrusive and will screened from views from off of the Property adequately by existing vegetation and the topography. 4. "Economic considerations alone do not constitute practical difficulties." The Owners have not requested consideration based on economic reasons. 5. "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." Orono's code permits only roof mounted solar panels to be constructed. Placement on the roof of the nonconforming cabin is the only location where solar panels are permitted on the Property. 6. "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." The Solar Panels are a permitted use; this criterion is met. 3