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�`��p CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y�, � No. 6 7 1 5 <br /> G <br /> lqKES H��� <br /> c. The variance, if granted, will not alter the essential character of the locality." <br /> The Property across the channel is vacant and owned by Hennepin County. <br /> The proposed home and garage will likely not result in a negative impact <br /> on the character of the neighborhood.The Property is not apparently visible <br /> from Shadywood Road, and the existing tree and fenceline along the <br /> channel provide screening. <br /> 4. "Economic considerations alone do not constitute practical difficulties." Economic <br /> considerations have not been requested. <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 hannony with Orono City Code Chapter <br /> 78."This criterion is not applicable. <br /> 6. "The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located." The proposed use is residential therefore conforms to the permitted uses of the <br /> District. <br /> 7. "The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling."This criterion is not applicable. <br /> 8. "The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property."The home and garage must be elevated out <br /> of the area of 1% annual chance of flooding. Orono Code requires the elevated fill <br /> extend at least 15 feet from the structure's perimeter; due to the effective width of the <br /> Property the 15-foot fill extension is not feasible. The resulting plan is not out of <br /> conformance with the general neighborhood and will not result in a negative impact to <br /> the adjacent properties. The setbacks proposed for the detached garage will not result <br /> in a negative impact to adjacent properties. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The Property is unique in that there are lakeshore setbacks on finro sides, <br /> and it is situated below Shadywood Road. Additionally, the proposed home and garage <br /> are located partially within the area of 1% annual chance of flooding. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant."This criterion is met. <br /> 4 <br />