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CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> G`C' NO. 6825 <br /> 5HO <br /> screen porch encroachment into the average lakeshore setback does not block their views <br /> of the lake; therefore this criterion is met. <br /> 2. "Variances shall only be permitted . . . when the variances are consistent with the <br /> comprehensive plan." The variances permitting the construction of the screen porch less <br /> than 75 feet from the cove side of the Property, and within the average lakeshore setback <br /> in a residential zone, all while not blocking views are consistent with the Comprehensive <br /> 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 request to permit construction of the screen porch within the 75 foot setback <br /> appears to be reasonable as the size of the encroachment is minimal (4.5 square <br /> feet of structural hardcover) and the unnatural curve of the shoreline causes the <br /> extreme setback. The encroachment lakeward of the average lakeshore setback <br /> line is supported by neighbors. The adjacent property owners have indicated that <br /> they will not be adversely impacted. This criterion is met. <br /> b. The plight of the landowner is due to circumstances unique to his property not created <br /> by the landowner. <br /> The unique configuration of the cove was not created by the land owner. The <br /> impact of the addition when viewed from the lake because of the cove in front of <br /> the Property is minimal and consistent with the comprehensive plan. This criterion <br /> is met. <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The location of the screen porch addition in the existing location does not alter the <br /> character of the locality. This criterion is met. <br /> 4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been the only factor in the variance approval determination. <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 condition is not applicable. <br /> 3 <br />