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��p CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y�t G`,� No. 6 9 5 2 �kESH�� The A/C unit in the side yard is an expected improvement, and its placement within the narrow side yard setback will be imperceptible to the neighborhood character. 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 single family home with an A/C unit is an allowed use in this District. 7. "The board or council may permit as a variance the temporary use of a on�family dwelling as a two-family dwelling."This condition is not applicable. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The City finds that construction of the house setback to setback, and the placement of the windows on the subject and neighboring property suggest the proposed location as the most desirable to prevent noise pollution. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Council finds that the A/C unit was placed by the builder, and did not inform the property owner of the restrictions until the property owner had purchased the building and the lot. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The applicant has stated that granting this variance will improve the enjoyment of the property for the owner and neighbors due to noise abatement and visually. 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The applicant has stated this to be true and noted that the location on the side of the home verses the rear makes the area safer for the children because it is further away from the play area. It would"alleviate the potential of electrocution, dismemberment as well as other potential hazards from high rpm fan blades and 240 volt electricity." 3