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• <br /> et CITY CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> G1� NO. <br /> 6696 <br /> AkEsHO' <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 /> 3 <br />