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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� fi NO. 7 1 3 7 -'EsHOCLt 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 residential home is an allowed conditional use in the LR-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 home currently sits within the setback and the addition is not going to change the setback from the lake. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The proposed addition will not change the current setbacks from the lake and meets all other zoning setback requirements. The location of the existing home is unique. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The existing home can be re-built in kind, the proposed addition is necessary to permit the property owners continued enjoyment of their property. The addition is located in a location which serves the intent and goals of the ordinance by minimizing visual impacts to the lake. 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. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings, the Orono City Council hereby grants a variance to Orono Municipal Zoning Code Section 78-1279 to allow an average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 3