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szLOArp CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7044 yF `.AES o 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 an accessory building/barn is an allowed use in the RR-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. 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The lake setback requirement, the size and shape of the Property is similar to the other properties in the Jamestown Road neighborhood within the RR-1B district. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The existing barn to be replaced is at 112' from the OHWL. It is also located lakeward of the average lakeshore setback (116'); within the 150-foot setback from the OHWL. The proposed barn will improve the lake setback, meet the average setback and will be on the top of a slope. The shape of the lot and the location of the existing buildings are unique to this Property. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The barn is proposed in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake, maintaining maximum distance from adjacent properties, and is located out of drainage ways. 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 proposed project will not impair the health, safety, comfort, or morals of the public. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." Granting of the variance will resolve and alleviate a demonstrated practical difficulty. 4