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-Wryp CITY OF ORONO <br /> RESOLUTION OF THE CITY COUNCIL <br /> y� NO. 7 1 9 7 <br /> G <br /> �4kESHO <br /> 5. "Practical difficulties also include but are not limited to inadequate access to direct sunlight <br /> for solar energy systems. Variances shall be granted for earth-sheltered construction as <br /> defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter <br /> 78." This condition is not applicable. <br /> 6. "The board or the council may not permit as a variance any use that is not permitted under <br /> Orono City Code Chapter 78 for property in the zone where the affected person's land is <br /> located." This condition is not applicable as a residential improvement is permitted in the <br /> LR-1A zoning district. <br /> 7. "The board or council may permit as a variance the temporary use of a one-family dwelling <br /> as a two-family dwelling." This condition is not applicable. <br /> 8. "The special conditions applying to the structure or land in question are peculiar to such <br /> property or immediately adjoining property." The lot size and shape, proximity to the lake, <br /> and the topography are particular to the Property and surrounding properties within this <br /> immediate neighborhood. <br /> 9. "The conditions do not apply generally to other land or structures in the district in which the <br /> land is located." The setbacks of adjacent homes in the neighborhood are somewhat <br /> similar to the Property, as well as the conditions specifically impacting the Property. The <br /> lot size and shape, topography, home proximity to the lake, and the required 50-foot <br /> street setback generally apply to the other substandard properties in this immediate LR- <br /> 1A neighborhood. <br /> 10. "The granting of the application is necessary for the preservation and enjoyment of a <br /> substantial property right of the applicant." The owner indicates that granting the variances <br /> are necessary for the preservation of their property right. <br /> 11. "The granting of the proposed variance will not in any way impair health, safety, comfort or <br /> morals, or in any other respect be contrary to the intent of this chapter." Granting the <br /> variances to allow construction of additional deck area while reducing the level of <br /> nonconforming hardcover in the lake yard is not likely to impair health, safety, and comfort <br /> and is not contrary to the intent of the zoning chapter. <br /> 12. "The granting of such variance will not merely serve as a convenience to the applicant, but <br /> is necessary to alleviate demonstrable difficulty." The substandard area and width of the <br /> Property; shape and depth of the lot; steepness of the lot; and unique shoreline <br /> configuration create practical difficulties affecting the Property; the variances are <br /> necessary and do not merely serve as a convenience to the owner. <br /> 4 <br />