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�O� CITY OF ORONO RESOLUTION OF THE CITY COUNCIL y� NO. 71 6. 4 G elkESHOv-t 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 single family home 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. The average lakeshore setback is peculiar for the property with a neighbor's home located behind the applicants home, creating an extreme setback line. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located."The extreme location of the average lakeshore setback line in unique to this property creates a difficulty for additions to the property. The council has approved a variance to allow the construction of a new home on the property for reasonable use of the lot. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The council approved a hardcover and average lakeshore setback variance in 2019(LA19-000048)to allow the construction of a new home on the property. This request for a variance is to allow revisions including a chimney to the home. The property still has an extreme average lakeshore setback limiting the building envelope. 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 applicant states this to be true 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 states this to be true. 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 a chimney within the average lakeshore setback, subject to the following conditions: 1. Council approval is based on the entire record, above Findings. 2. The approved project shall conform to the survey with a revisions dated 12/30/2020 and building plans submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3