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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7214 `-1 EEsHov-t 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 residential improvements are allowed 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. 1. "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property."The location of the existing improvements on the Property, the orientation and extreme setback of the location of the neighboring homes, and existing hardcover are conditions unique to the Property. 8. "The conditions do not apply generally to other land or structures in the district in which the land is located." The location of the existing improvements on the Property and the orientation and extreme setback of the home to the south are conditions unique to the Property. 9. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant."The existing home is nonconforming with respect to the average lakeshore and side yard setbacks. There are no options for a conforming expansion of the home's footprint or volume upward that do not require variances. The variances are necessary. 10. "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." Granting the requested variances will not adversely impact health, safety, comfort, or morals; nor will it be contrary to the intent of the Code. 11. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The average lakeshore setback line on the Property eliminates the options for expanding and/or improving the home; the granting of the requested variances are necessary to alleviate a practical difficulty resulting from the location of the existing home in relation to the neighboring homes. The existing 4