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. , �°�o <br /> C ITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> �`��.� �.`'~� N o. � 6 p � <br /> '�ESHO4 <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 reasonab/e 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 fo 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 constnaction 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 p�rmitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located." <br /> 3 <br />