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CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO. 7 1 1 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 a residential garage is an allowed use within the LR -1C 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 Property's substandard size, width, and unique configuration creates difficulties which also apply to many of the properties in the same neighborhood. The proposed setback and hardcover level are not out of character. 9. "The conditions do not apply generally to other land or structures in the district in which the land is located." The Property's substandard size, width, in addition to the unique configuration creates difficulties which apply to very few properties in the City. The neighboring properties have similar challenges. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." The local climate conditions support the need for a residential garage. The proposed size of the garage is minimal. Granting of the setback and hardcover variances are necessary for the preservation of the property right of the applicant. 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." Granting the variances for hardcover and setback in this situation is not contrary to the intent of the zoning chapter. 12. "The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty." The variances for setback and hardcover are necessary, and do not merely serve as a convenience to the Applicant.