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<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />CITY OF ORONO <br />RESOLUTION OF THE CITY COUNCIL <br /> <br />NO. ________________________ <br /> <br /> <br />4 <br /> <br />b. The plight of the landowner is due to circumstances unique to his property not created <br />by the landowner. <br /> <br />The Applicant proposes to reconstruct a nonconforming building to improve <br />functionality for the owners. The cabin was not constructed by the current owners; <br />and <br /> <br />c. The variance, if granted, will not alter the essential character of the locality.” <br /> <br />The requested variance will not result in the Property being out of character with <br />the neighborhood; will not expand the footprint of the building; or result in additional <br />encroachment into the setback toward the lake. The new encroachment will not <br />alter the character of the locality. This criterion is met. <br /> <br />4. “Economic considerations alone do not constitute practical difficulties.” Economic <br />considerations have not been a factor in the variance approval determination. <br /> <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 condition is not applicable. <br /> <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.” This condition is not applicable, as a residential accessory building is an allowed <br />use in the LR-1A District. <br /> <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 condition is not applicable. <br /> <br />8. “The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property.” The proximity of the existing cabin to the lake <br />is an existing condition which is unique to the Property. <br /> <br />9. “The conditions do not apply generally to other land or structures in the district in which the <br />land is located.” The location and existence of the lake yard accessory building is an <br />existing condition unique to a small number of properties in the City, but could be applied <br />to all other properties with lake yard accessory buildings and boathouses. <br /> <br />10. “The granting of the application is necessary for the preservation and enjoyment of a <br />substantial property right of the applicant.” Substantial property right is provided by the