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AWN- *IL- CITY OF ORONO yRESOLUTION OF THE CITY COUNCIL G� NO. 71 73 ,ictsHOj 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 single family residential is a permitted use in the LR-1A zoning 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 tributary that runs along the north side of the lot, and the previous discussion regarding a 'new' ALS has been considered in previous lakeshore subdivisions. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The applied ALS is based on the lot to the east, 770 Brown Road N, which is substantially distan7 from the subject property and the lake. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. The tributary and its 75' setback limit buildable sites consistent with the character of the neighborhood. 11. The granting of the proposed variance will not in anyway impair health,safety,comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed encroachment is not anticipated to impair any health or safety goals of the city. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. The variance is permitting a buildable site that was intended to be approved as part of this subdivision. 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 (6) to allow construction lakeward of 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 dated January 18, 2021 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibit A. 3. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 3