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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL G` NO. 776 S H0 Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not constitute practical difficulties. Economic considerations alone 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. 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. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property.The applicant does not demonstrate any special conditions. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applicant does not demonstrate any special conditions. The lot is within a peninsula,and the potential to extend the drive beyond the subdivision is not likely,requiring a bridge. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant.This is not the case here. The right of a dock within a lagoon or cove is not a protected right. The adjacent property has lake frontage on the bay side,allowing a dock for this lake property. 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 variance would allow the replatting of the lots without the provision of an outlot. The applicant states that this will not impact the health, welfare etc. not requiring the outlot in front lot/ back lot could have far reaching consequences related to lake densities and access questions in the future. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The applicant has reviewed several alternatives but could not pursue those without ignoring regulations and common sense. CONCLUSIONS. ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants variances to Orono Municipal Zoning Code Section 78-1370 and Section 82-256 to allow future replatting of lot 1 and outlot A, removing the outlot A, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 3