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-cLOATp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL ti� NO. 71 12 �-,ESHor- overages are not a right and are not supported by practical difficulty. The nonconforming lot is consistent with the size of the surrounding lots; and c. The variance, if granted, will not alter the essential character of the locality." The development of the property which includes hardcover in excess of 25% is not supported by practical difficulty and is inconsistent with the Comprehensive Plan. This criterion is not met. 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 a residential home with supporting hardcover is an allowed use in the LR-1C 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. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." There are no obvious special conditions applying to the Applicant's land which is unique, or support the requested hardcover variance. The Applicant has not identified special conditions to the land justifying the variance other than citing safety concerns and parking restrictions imposed by the busy, narrow road which is not specific to the Property. This criteria is not met. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The Applicant has not identified conditions specific to the Property which affect the need for an increased hardcover level. This criteria is not met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." Substantial property right is provided by the proposed principal structure, which is permitted to be constructed. A hardcover level in excess of the permitted level is not a right. This criteria is not met. 4