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CITY OF ORONO RESOLUTION OF THE CITYCOUNCIL NO. 6 9O 41cESH044' The variance will result in the new home not being further lakeward than the nearest house corners of each of the neighboring homes. The adjacent homes located on the adjacent properties, which are utilized to establish the average lakeshore setback are approximately 25 and 88 feet from the OHWL. The locations of the homes offer limited opportunity to construct a home conforming to the average lakeshore setback line as defined by Code. b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The home to the west is situated as close as 25 feet from the OHWL and is located on a severely curved shoreline; conversely the home to the east is situated on a mostly straight shoreline and is set back approximately 88 feet from the OHWL. This results in an extreme average lakeshore setback line as the Code defines. The Applicant's home will be located approximately 138 feet from the OHWL. This orientation was not created by the Applicant. c. The variance, if granted, will not alter the essential character of the locality." The majority of the homes on the same/immediate shoreline of the Property are situated closer than 100 feet from the OHWL. The excessive setback applied to the Property, approximately 138'-140' from the OHWL, would result in a change in character. The setback based on the corner to corner measurement is more consistent. The average lakeshore setback was adopted to preserve site lines to the lake for the adjacent properties. Granting this variance will not alter the site lines of the neighboring properties. 4. "Economic considerations alone do not constitute practical difficulties." Economic considerations have not been a factor in the variance approval determination. 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78."This condition is not applicable. 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located." This condition is not applicable, as the use for a residential home is an allowed use in the LR-1B District. 7. "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling."This condition is not applicable. 3