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CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br />NO. <br />66 <br />2. "Variances shall only be permitted . . when the variances are consistent with the <br />comprehensive plan." The requested variances result in residential improvements which <br />are consistent with 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 />It is reasonable to rearrange the pool patio within the lake yard in order to reduce <br />the total hardcover impact and make the patio more functional; it is reasonable and <br />minimal to permit a small pool shed for the storage of pool chemicals, equipment, <br />and accessories near the pool within the side street yard as well; the encroachment <br />into the wetland setback is a relocation of the previously existing driveway area <br />and is reasonable; it does not encroach into the required 25 -foot MCWD buffer. <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br />The Property contains a large wetland which separates the dry buildable land near <br />the lake from the remaining dry buildable land, limiting options for development. <br />Further, the narrowness of the buildable area in the lake yard portion of the <br />Property and the floodplain elevations limit usability of the land. <br />c. The variance, if granted, will not alter the essential character of the locality." <br />The proposed variances result in a changed pool patio and driveway as well as a <br />small shed for pool equipment within the street side yard. There is currently a fence <br />along the street side yard which will be replaced with vegetative screening. The <br />character of the neighborhood should not be adversely impacted by the proposed <br />variances. <br />4. "Economic considerations alone do not constitute practical difficulties." The Applicant has <br />not requested variances based on economic considerations. <br />5. "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 criterion is not applicable. <br />